State v. Rybicki

In State v. Rybicki, 2014 WL 637004 (Del. Super. Jan. 14, 2014) the Superior Court found that the four corners of an officer's affidavit demonstrated that the issuing magistrate had a substantial basis to conclude that the defendant was driving under the influence. The officer's affidavit stated that the defendant was involved in a single-car accident. The defendant "went up and over a grass embankment from the park and ride parking lot striking the curb and coming to rest facing westbound across the northbound lanes. . . ." Upon contacted with the defendant, the officer detected an odor of alcoholic beverage. Id. The Court held that: "The nature of the accident, combined with the officer's personal observation of an odor of alcohol on Defendant's breath, constitute probable cause to believe that Defendant was under the influence of alcohol at the time of the accident, and that evidence of alcohol consumption could be obtained from a test of Defendant's blood." Id.