Supreme Court of Delaware

Heather J. Rybicki, Defendant-Below, Appellant. v. State of Delaware, Plaintiff-Below, Appellee

July 20, 20152015 Del. LEXIS 348

Summary

The Court affirmed Rybicki's DUI conviction, holding that the affidavit established probable cause for the blood-draw warrant and that the totality of the circumstances established probable cause for her warrantless arrest. It also declined to review her unpreserved challenges to the sufficiency of the remaining evidence and the claimed sterility foundation requirement, and upheld both jury instructions. The Court concluded that the reliability instruction was not plain error and that the refusal instruction was accurate, balanced, and nonprejudicial.