State of Delaware v. Derek C. Diver
1510000036
| Del. Ct. Com. Pl. | Jun 13, 2017Background
- Defendant Derek C. Diver was charged with DUI, Driving with Suspended license, absence of insurance identification, and speeding following an October 1, 2015 arrest in New Castle County, Delaware.
- Corporal Cahall observed Diver accelerate aggressively from a red light and travel at 55 mph in a 45 mph zone, leading to a traffic stop.
- During the stop, Cahall noted Diver’s extremely bloodshot/glassy eyes and a moderate odor of alcohol; Diver claimed he lacked a license and could only provide a passport, and said the vehicle belonged to his father.
- Cahall escorted Diver to a nearby parking lot to perform field sobriety tests on a flat surface, rather than on the sloped roadway.
- Diver performed multiple sobriety tests (alphabet, counting, HGN, Walk-and-Turn, One-Leg Stand) with Cahall concluding impairment and administering a PBT, which Diver allegedly failed.
- Diver moved to suppress the stop, arrest, and test results; the court denied the motion, finding probable cause existed to arrest for DUI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial stop supported by reasonable suspicion? | Diver argues no reasonable suspicion existed to stop him. | Diver contends the stop was unlawful and lacks articulable suspicion. | Stop supported by reasonable suspicion (speeding). |
| Was there probable cause to arrest for DUI after the stop? | State contends totality of circumstances supported probable cause. | Diver argues lack of reliable sobriety evidence and improper test administration. | Probable cause existed based on totality of circumstances. |
| Should HGN and PBT evidence be admitted for probable cause? | HGN and PBT support impairment and probable cause. | HGN not properly foundational; PBT observation period not met, should be excluded. | HGN excluded; PBT excluded; still probable cause supported by remaining factors. |
| Did NHTSA standards affect the admissibility/weight of field sobriety tests? | Tests should be weighed per standards to support DUI finding. | Noncompliance with NHTSA standards undermines reliability of tests. | Some deviations tolerated; tests given weight in probable cause analysis. |
Key Cases Cited
- West v. State, 143 A.3d 712 (Del. 2016) (stop/scope of Fourth Amendment protections in DUI context)
- Lefebvre v. State, 19 A.3d 287 (Del. 2011) (probable cause and totality of circumstances)
- Rybicki v. State, 119 A.3d 663 (Del. 2015) (probable cause framework for DUI arrests)
- Bease v. State, 884 A.2d 495 (Del. 2005) (Bease factors for probable cause in DUI)
- Ruthardt v. State, 680 A.2d 349 (Del. Super. 1996) (probable cause considerations in DUI context)
- Miller v. State, 4 A.3d 371 (Del. 2010) (HGN and field sobriety test foundations and reliability)