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MILLER v. STATE

No. 655, 2009.

4 A.3d 371 (2010)

Paula MILLER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 1, 2010.

Corrected: June 7, 2010.

Attorney(s) appearing for the Case

Santino Ceccotti , Office of the Public Defender, Wilmington, Delaware for appellant.

Susan Dwyer Riley , Department of Justice, Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.

STEELE, Chief Justice:

Delaware State Police Officer Scott Mauchin performed an intoxilizer test on Paula Miller after she crashed into another car during the afternoon, smelled of alcohol, and failed several field sobriety tests. Miller alleges that the trial judge erroneously denied her motion to suppress the failed intoxilizer for lack of probable cause. Because the totality of the circumstances created probable cause to administer the intoxilizer, we AFFIRM...

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