Superior Court of Delaware April 15, 2005, Criminal Action Nos. N-03-08-3051, N-03-08-3052 (State v. Munden)

MEMORANDUM OPINION

HERLIHY, Judge.

The State of Delaware has appealed a decision of the Court of Common Pleas dismissing the case against Appellee Christine A. Munden on the charge of driving under the influence of alcohol and/or drugs in violation of 21 DelC. § 4177(a). The dismissal was premised on the absence of the State Chemist at trial in a intoxilyzer test case.