Supreme Court of Delaware February 7, 1983 (State v. Cooley)

MOORE, Justice:

Pursuant to 10

Del.C.

§ 9902,

1

the State appeals the pre-trial suppression of intoxim-

*353

eter test results which were to be used in the prosecution of John A. Cooley for criminally negligent homicide (11

Del.C.

§ 631). The State contends that even though Cooley’s initial arrest for driving a vehicle under the influence of intoxicating liquor (21

Del.C.