Delaware Supreme Court Overturns DUI Conviction - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Delaware Supreme Court Overturns DUI Conviction

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DOVER, Del. (AP)-- The state Supreme Court has overturned a man's DUI conviction because authorities failed to follow proper procedures for checking his blood alcohol level.

Cookie A. Hunter was arrested by Smyrna police in 2009. After failing several field sobriety tests, and becoming combative with police officers, he was taken to a hospital. He his blood was drawn and measured a blood alcohol level of .12

But the Supreme Court said in a ruling last week that Hunter's DUI conviction must be overturned because the kit used to test his blood alcohol level has passed its expiration date and the technician who took the blood sample failed to follow the manufacturer's instructions.

The court upheld Hunter's convictions for assault and resisting arrest.

 

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