Verde v. Simpler
S20A-12-007 CAK
| Del. Super. Ct. | Jun 25, 2021Background
- On July 20, 2019, DSP Corporal Langdon stopped Edgar Verde after observing multiple lane departures (crossing the fog line seven times and the double-yellow twice) and failing to come to a complete stop at a four‑way stop.
- At the scene Langdon smelled a strong odor of alcohol, observed bloodshot/glassy eyes, and Verde admitted to drinking two beers; Verde avoided eye contact.
- Verde refused on‑scene field sobriety tests and a portable breath test, asked that testing be done at the Troop, was transported to the Troop, then refused the Intoxilyzer and signed the implied consent form without offering a reason.
- The DMV Hearing Officer found probable cause for driving under the influence (21 Del. C. § 4177) and that Verde refused chemical testing under 21 Del. C. § 2742, revoking his license for 12 months; the Court of Common Pleas affirmed and lifted a stay; Verde appealed to Superior Court.
- The Superior Court reviewed for legal error and substantial evidence and affirmed the DMV and CCP decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer had probable cause to arrest for DUI | Verde: Hearing Officer did not explicitly rely on erratic driving; no slurred speech, balance or comprehension problems; requested tests at the Troop (not an on‑scene refusal); cross‑examination undermined trooper. | DMV/State: Totality of observations—repeated weaving, traffic violation, odor of alcohol, bloodshot eyes, admission of drinking, officer credibility—supported probable cause. | Court: Affirmed. Substantial evidence supports probable cause to believe Verde violated § 4177. |
| Whether Verde refused chemical testing after being informed of revocation penalty | Verde: Requested testing at the Troop; contends this was not an outright refusal. | DMV/State: Verde refused portable breath test, refused Intoxilyzer at Troop after implied consent was read, signed form and gave no reason. | Court: Affirmed. Substantial evidence shows a refusal under § 2742. |
Key Cases Cited
- Eskridge v. Voshell, 593 A.2d 589 (Del. 1991) (standard of appellate review for DMV decisions; substantial evidence rule)
- Levitt v. Bouvier, 287 A.2d 671 (Del. 1972) (scope of review for administrative factual findings)
- Clendaniel v. Voshell, 562 A.2d 1167 (Del. 1989) (burden and proof standard for DMV revocation proceedings)
- Bease v. State, 884 A.2d 495 (Del. 2005) (examples of facts supporting probable cause for DUI)
- Rybicki v. State, 119 A.3d 663 (Del. 2015) (field sobriety tests and officer observations as factors in probable cause analysis)
- Stevens v. State, 129 A.3d 206 (Del. 2015) (probable cause analysis in DUI context)