Lundin v. Cohan.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY CHRISTOPHER B. LUNDIN, Appellant, v. JENNIFER K. COHAN, DIRECTOR, DIVISION OF MOTOR VEHICLES, Appellee. ) ) ) ) ) ) ) ) ) ) ) C.A. No.: 09A-02-007 FSS Submitted: April 16, 2010 Decided: May 5, 2010 ORDER Upon [ ]*1Appeal From the Court of Common Pleas AFFIRMED 1. On appeal from the Division of Motor Vehicles,1 the Court of Common Pleas affirmed the revocation of Lundin s driving privileges, Lundin having admittedly refused a blood test. Lundin now appeals the Court of Common Pleas decision. 2. In the Court of Common Pleas, and here, Lundin has insisted that the DMV hearing was flawed because the arresting officer failed to read aloud, at the *Caption corrected for publication. 1 Lundin v. Cohan, 2009 WL 188001 (Del. Com. Pl. Jan. 28, 2009) (Smalls, C.J.). hearing, the implied consent law notice he read to Lundin at the time Lundin refused the test. 3. The form that the officer read was in evidence. Hence, Lundin s only support, Duonnolo v. Department of Public Safety,2 is distinguishable. 4. Hicks v. Shahan3 holds that the officer s reciting the given notice from memory at the DMV hearing is enough. 5. Here, the officer submitted the script to the DMV, but failed to recite the dialogue. As a matter of law, that is good enough, too. The Court of Common Pleas held as much, and it was legally correct. For the foregoing reasons, the January 28, 2009 decision is AFFIRMED. IT IS SO ORDERED. /s/ Fred S. Silverman Judge cc: Prothonotary (Civil) Louis B. Ferrara, Esquire Frederick H. Schranck, Deputy Attorney General 2 C.A. No. 5191 (Del. Super. Dec. 13, 1976) (Taylor, J.). 3 1994 WL 710881 (Del. Super. Nov. 14, 1994) (Lee, J.). 2

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