- Associated Press - Thursday, August 17, 2017

DOVER, Del. (AP) - A Kent County judge has refused to declare a mistrial or grant a new trial to a man recently convicted of his fourth drunken-driving offense.

Irvin C. Rothenberg was convicted in June of DUI and failure to yield to another vehicle after a near-collision in December with a patrol vehicle driven by an alcohol and tobacco enforcement agent.

In a court filing last month, Rothenberg objected to a prosecutor’s opening argument stating that his blood-alcohol level was more than twice the legal limit. The blood-alcohol results were never admitted at trial because the judge determined that the test was improperly administered.

The judge said the prosecutor was entitled to mention the results in opening statements because the state had a reasonable basis to believe they would be admitted into evidence.

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