Cases

Craft v. Simpler, Del: Superior Court (2022)

Petitioner’s commercial driver’s license was permanently revoked after two administrative findings of probable cause for DUI. Petitioner sought a writ of mandamus. The Superior Court held that the findings constituted convictions under state law, and the revocation was valid. Petition denied.

State v. Steadman, Del: Superior Court (2018)

Clarence Steadman challenged the administrative suspension of his driver’s license after a blood alcohol reading of .08% or higher. He argued that the Delaware DMV failed to support the suspension with substantial evidence and that additional evidence such as his remorse, employment status tied to a Commercial Driver’s License (CDL), and ineffective trial counsel should justify reducing the suspension. The court rejected all arguments, holding that the DMV had made an adequate prima facie showing of statutory suspension requirements and that Steadman failed to rebut it with valid, preponderating evidence. Petition denied; suspension upheld.

MALACALZA v. COHAN, 2011 WL 704369 (Del.Com.Pl. 2011)(Unpublished)

Revocation of motorist’s license for refusing to submit to an intoxilyzer test was supported by substantial evidence. Motorist was stopped by an officer after he witnessed her driving on a flat tire. After submitting to various field sobriety tests, motorist was arrested on suspicion of driving while intoxicated and taken to the police station for an intoxilyzer test, which she refused. Motorist’s license was revoked by the Department of Motor Vehicles (DMV) due to her failure to submit to a chemical test. Motorist argued that the revocation was improper because the officer did not have reasonable suspicion to stop her or probable cause to arrest her. Officer had reasonable suspicion to stop motorist due to her driving on a flat tire, creating an unsafe condition and had probable cause to arrest her based on an odor of alcohol, glassy eyes, failing to stop at police signal, and motorist’s admission she had been drinking.

COHAN v. SIMMONS, 2011 WL 379309 (Del.Super. 2011)(Unpublished)

Traffic stop of motorist was supported by probable cause that a traffic violation had occurred, and thus the revocation of motorist’s driver’s license by the Division of Motor Vehicles was warranted for his failure to submit to a breath test during the stop. According to the police officer who stopped motorist, motorist failed to timely signal his intention to turn as required by statute. Based upon such probable cause, the traffic stop was valid at its commencement. The fact that the officer did not subsequently cite motorist for failure to timely signal his intention to turn did not affect the validity of the traffic stop.  Decision of Court of Common Pleas to the contrary was reversed.

ANDERSON (Sandra) v. STATE, 2010 WL 3103400 (Del.Super. 2010)(Unpublished)

Court upheld determination that motorist was an habitual traffic offender based on three prior violations of driving without a license and once for driving with a suspended/revoked license to which she had pled guilty—rejecting her claim that that all such pleas were the product of ineffective assistance of counsel.  Motorist’s license was revoked for five years.

STATE v. ANDERSON (Valerie), 2010 WL 4513029 (Del.Super. 2010)(Unpublished)

The State of Delaware challenges the sua sponte decision of the Court of Common Pleas to excuse Appellee Valerie I. Anderson (“Anderson”) from habitual driving offender status shortly after it had declared that she met the qualifying criteria. The lower court acted in an attempt to remedy a perceived inequity in the State’s conduct of habitual offender proceedings over the course of a day’s hearing calendar. Upon review of the record and applicable law, the Court finds that this well-intentioned demonstration of sympathy constituted an abuse of discretion.

MAGRUDER v. SHAHAN, 2007 WL 1248182 (Ct.Common Pleas 2007)(Unpublished)

Court held that the Hearing Officer’s denial of an “S” endorsement on motorist’s commercial driver’s license was error where motorist had previously entered a plea of nolo contendere to a charge of possession of marijuana in the Family Court of the State of Delaware, holding that the adjudication upon the status of a child (i.e. determination that motorist was then delinquent) was not a “conviction.”
“The rationale for the decision of the hearing officer is based on 21 Del. C. § 2708(b) 7. The above section provides that to qualify for an “S” endorsement an applicant must never have been convicted of the crime of possession of a controlled substance. The Division contends that the appellant was convicted of the charge of possession of marijuana in the Family Court. The Division is incorrect.
10 Del. C. § 1002 provides that no child shall be deemed a criminal by virtue of an allegation or adjudication of delinquency. A Family Court adjudication of delinquency is a civil proceeding. G.D. v. State, 389 A.2d 764, 765 (Del.1978). The proceedings against a child charged in the Family Court with a violation of a state law are not criminal in concept or in practice. State v. J.K., 383 A.2d 283, 286 (Del.1977). In the Family Court, the charge is a general one of delinquency. 10 Del.C. Sec.921(1).
“The Family Court record indicates that the appellant was before that Court for trial on two counts of juvenile delinquency. Therefore, the only finding that could have been made by the Court is an adjudication of delinquency. Accordingly, the defendant’s record from the State Bureau of Identification that shows a disposition of guilty of a controlled substance is incorrect because the appellant was only adjudicated a delinquent.
Based on the above conclusions of law, the decision of the hearing officer denying the appellant an “S” endorsement on her CDL license is reversed and the Division of Motor Vehicles is hereby ordered to grant the appellant an “S” endorsement on her CDL license.

CANTRELL v. DIVISION OF MOTOR VEHICLES, 1996 WL 453425 (Del.Super.Ct. 1996)(Unpublished)

Court upheld the suspension of motorist’s driver’s license (and CDL) based on probable cause to believe motorist was driving a motor vehicle, was impaired, was offered and refused a Intoxilyzer 5000 breath test after implied consent warnings were read to him.
Probable cause was based on the officer following motorist into a Shore Stop store, not observing any erratic driving, but observing motorist’s staggering as he left his vehicle and exhibiting significant signs of impairment when contacted inside the store.  Officer began 20-minute observation period, during which he had motorist perform various physical tests, which he largely failed.  Implied consent warnings were read—motorist refused the Intoxilyzer test.
“In this case, regarding the violation of section 4177, the only issue which the Court needs to address is whether the evidence at the hearing supported a finding of probable cause to arrest the appellant for driving under the influence. The Court is not at liberty to substantiate its findings of fact for those of the hearing officer so long as the findings of fact made by the hearing officer are supported by substantial evidence. As noted above, the implied consent aspect of this case eliminates any need to discuss whether a preponderance of the evidence indicates that Appellant violated 21 Del.C. § 4177. In State v. Maxwell, the Delaware Supreme Court set forth the applicable standard to determine if probable cause exists to arrest someone for violating 21 Del.C. § 4177.
[The Delaware Supreme] Court has held that a police officer has probable cause to believe a defendant has violated 21 Del.C. § 4177 (Driving under the Influence of Alcohol) “when the officer possesses ‘information which would warrant a reasonable man in believing that [such] a crime has been committed.’ ” (citations omitted) A finding of probable cause does not require the police to uncover information sufficient to prove a suspect’s guilt beyond a reasonable doubt, or even to prove that guilt is more likely than not. (citation omitted) To establish probable cause, the police are only required to present facts which suggest, when those facts are viewed under the totality of the circumstances, that there is a fair probability that the defendant has committed a crime. (citation omitted) The possibility that there may be hypothetically innocent explanation for each of several facts revealed during the course of an investigation does not preclude a determination that probable cause exists for an arrest. (citation omitted) (emphasis in original).

State v. Maxwell, Del.Supr., 624 A.2d 926, 929-30 (1993)

“Here, the officer had sufficient facts to find probable cause that Appellant had violated section 4177. Corporal McGee testified that he witnessed Appellant driving the van. While Appellant disputes the officer’s location at and approach to the scene, it is uncontroverted that Appellant exited the vehicle from the driver’s door and then staggered across the parking lot in one direction before proceeding in the opposite direction into the store. Corporal McGee then entered the store and further observed Appellant. The officer approached Appellant and asked him for his driver’s credentials.3 Corporal McGee detected a strong odor of alcohol once he neared the Appellant. In addition, Appellant’s speech was slurred and his eyes were bloodshot and glassy. Upon being taken back to the troop, Appellant passed two sobriety tests and failed one. Then, after partially performing the HGN test, Appellant refused to comply further with that test or with any of the other tests requested (walk-and-turn test; one-leg-stand test; finger-to-nose test). Additionally, at the original scene of the stop, Appellant had refused to do a portable breath test. These facts indicate a “fair probability” that Appellant had violated 11 Del.C. § 4177(a). State v. Maxwell, supra.; see also Zern v. Division of Motor Vehicles, Del.Super., C.A. No. 93A-08-014, DelPesco, J. (July 1, 1994) (refusal to take field sobriety tests considered a factor in determining the existence of probable cause.).

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Broadcast Library

Come To Order – Human Trafficking – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: An Overview of Human Trafficking for Judges – August 27, 2025

This episode is the first in a four-part series on human trafficking and what judges need to know to address this issue in their courts and communities. All episodes in the series were recorded during a judicial human trafficking leadership workshop held at The National Judicial College. This first episode focuses on the definition of human trafficking and when and where judges are likely to encounter victims and others.

Guests include:

Judge Gayle Williams-Byers, a judicial fellow at the NJC and a retired judge from Ohio. Aaron Ann Cole of Funfsinn of Hicks & Funfsinn in Lexington, Kentucky. Previously, she worked as a prosecutor in Cook County, Illinois, in the special prosecution unit in the Kentucky Attorney General’s Office, and in the special prosecution unit of the Fayette County Commonwealth Attorney’s Office. She is on the faculty at the National Judicial College.

Judge Chris Turner, a Magistrate Judge in the Third Judicial District in Shawnee County Kansas.

Come To Order – Human Trafficking – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: The Judge’s Guide to Understanding the Systems Behind Human Trafficking – August 29, 2025

This is the second episode in a series designed to help judges understand human trafficking. This episode focuses on the often complex systems behind human trafficking and help explain some of the challenges in adjudicating these cases.

Guests include:

Dr. Jeanne Allert, the founder and director of the Institute for Shelter Care, a national initiative to address gaps in service and quality for victims of exploitation. She is also the founder of The Samaritan Women. She holds a PhD in Counseling and Psychological Studies.

Lindsey Lane, the director of strategic engagement at the Human Trafficking Institute in Georgia. She formerly was a human trafficking prosecutor and assistant district attorney in North Carolina and a senior assistant district attorney in Tennessee’s Third Judicial District.

Come To Order – Human Trafficking – Episode Three

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Three: How Bias May Prevent Judges From Recognizing Human Trafficking – September 25, 2025

This episode continues our series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. It explores how biases may prevent judges from recognizing human trafficking in their courtrooms.

Guests include:

Dr. Joseph A. Vitriol, an assistant professor at Lehigh University in Pennsylvania. He holds a Ph.D. in social-personality and political psychology from the University of Minnesota, Twin Cities, and a BA/MA in forensic psychology from John Jay College of Criminal Justice.

Dr. Christine McDermott, who is a research fellow at the National Judicial College. She earned her Ph.D. and master’s in interdisciplinary social psychology from the University of Nevada, Reno and her bachelor’s degree from the University of Colorado, Colorado Springs.

Come To Order – Human Trafficking – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: How The Trucking Industry Is Fighting Human Trafficking & What Judges Need To Know – September 26, 2025

This is the final episode of our four-part series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. This episode focuses on how the trucking industry is fighting human trafficking and how that may impact how cases end up before a judge.

Guests include:

Jake Elovirta, the Director of Enforcement Programs for the Commercial Vehicle Safety Alliance; Judge Chris Turner, who is a Magistrate Judge and director of Judicial Outreach in the Third Judicial District in Shawnee County Kansas; and Dylan Wecht, a Public Sector Engagement Specialist for Truckers Against Trafficking.

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Why Judge? “Unmasking” Procedural Fairness and Empathy for Self-Represented Litigants in Court

Course Description:

This webcast explores the concept of “masking” by self-represented litigants (SRLs) holding a Commercial Driver License (CDL), and its impact on procedural fairness. Masking occurs in everyday court adjudication procedures. When adjudicating SRLs, the language needs to be and appear “respectable” and avoid negative judgments within the courtroom. The presentation will examine how court discretion, implicit expectations of respectability, and the absence of active listening and empathy can impact SRLs’ judgements. Participants will learn to exercise these abilities while still upholding judicial ethical duties. Participants will gain insights into fostering courtroom practices that uphold procedural fairness while recognizing and responding to masking behaviors.

 

Course Objectives:

After this course, participants will be able to:

● Define masking in the context of CDL self-represented litigants and explain how it impacts procedural fairness and perception of credibility in court.

● Describe how respectability norms, court discretion, and language expectations can denigrate the challenges with CDL-SRLs and identify strategies to mitigate these barriers while maintaining judicial ethics.

● Demonstrate the use of active listening and empathy to recognize and appropriately respond to masking behaviors with ethos, fostering fair and respectful courtroom interactions.

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Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.