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STATE v. MUNDEN

Criminal Action Nos. N-03-08-3051, N-03-08-3052.

883 A.2d 881 (2005)

STATE of Delaware v. Christine MUNDEN, Defendant.

Superior Court of Delaware, New Castle County.

Decided: April 15, 2005.

Attorney(s) appearing for the Case

Danielle J. Brennan, Deputy Attorney General, Department of Justice, for State of DE.

Louis B. Ferrara, of Ferrara, Haley, & Bevis, of Wilmington, DE, for defendant.

MEMORANDUM OPINION

HERLIHY, Judge.

The State of Delaware has appealed a decision of the Court of Common Pleas dismissing the case against Appellee Christine A. Munden on the charge of driving under the influence of alcohol and/or drugs in violation of 21 Del.C. § 4177(a). The dismissal was premised on the absence of the State Chemist at trial in a intoxilyzer test case.

Munden has...

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