State v. Mulholland

In State v. Mulholland, 2013 WL 3131642, at 3 (Del. Com. Pl. June 14, 2013), the court held that "minor weaving within lanes, odor of alcohol, bloodshot eyes at midnight, and admission to drinking at a funeral earlier in the day" were not facts sufficient to establish probable cause prior to the defendant's performance on any field tests. The court concluded that what was absent from the facts "was unusual speech, plus something more (i.e. being argumentative, having a flushed face, or failing an alphabet test)." Id.