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HANLON v. COMMISSIONER OF MOTOR VEHICLES

No. 10016.

123 N.W.2d 136 (1963)

In the Matter of the Revocation of the Driver's Permit of Elmer James Hanlon by the Commissioner of Motor Vehicles of the State of South Dakota. Elmer James HANLON, Petitioner and Respondent, v. COMMISSIONER OF MOTOR VEHICLES, State of South Dakota, Respondent and Appellant.

Supreme Court of South Dakota.

August 19, 1963.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Alan Williamson, Asst. Atty. Gen., Pierre, for respondent and appellant.

Maynes & Myers, Aberdeen, for petitioner and respondent.

HANSON, Presiding Judge.

Elmer Hanlon was arrested and charged with driving while intoxicated. Shortly thereafter the Commissioner of Motor Vehicles, acting under authority of the Implied Consent Law, revoked Hanlon's permit to drive for one year for alleged refusal to submit to a blood test following arrest. Hanlon then petitioned the circuit court for a hearing which court determined that petitioner had consented to submit to a blood test and ordered his driver...

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