Timms v. State

Summary

The Supreme Court of Delaware affirmed the Superior Court’s judgment upholding Amber Timms’s DUI conviction and the admission of her Intoxilyzer results. The Court concluded that the officer had probable cause to arrest based on the collision, observations at the scene, Timms’s conduct and responses, the odor of alcohol, and her performance on physical sobriety tests, and that the evidence supported administration of the test within four hours of driving. The Court also approved counsel’s withdrawal under Rule 26(c), finding the appeal wholly without merit and devoid of any arguably appealable issue.