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STENSLAND v. SMITH

No. 9960.

116 N.W.2d 653 (1962)

Trig STENSLAND, Plaintiff and Appellant, v. Milo H. SMITH, as the duly qualified and acting Commissioner of Motor Vehicles for the State of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

September 4, 1962.

Attorney(s) appearing for the Case

Anderson & Weisensee, Sioux Falls, for plaintiff and appellant.

A. C. Miller, Atty. Gen., by Gerald L. Reade, Asst. Atty. Gen., Pierre, for defendant and respondent.

HANSON, Judge.

Trig Stensland was arrested May 5, 1961 in the City of Sioux Falls for operating a motor vehicle while intoxicated. His driver's license was thereafter revoked for a period of one year by the South Dakota Commissioner of Motor Vehicles for refusing to take a chemical test to determine the amount of alcohol in his blood in accordance with our so-called Implied Consent Law, SDC 1960 Supp. 44.0302-2. Stensland petitioned the Circuit Court of Minnehaha...

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