BEARE v. SMITH

No. 10242.

140 N.W.2d 603 (1966)

Warren George BEARE, Plaintiff and Respondent, v. Milo H. SMITH, Commissioner of Motor Vehicles, State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

February 25, 1966.


Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Alfred E. Dirks, Fred A. Winans, Asst. Attys. Gen., Pierre, for defendant and appellant.

Robert L. Jones, Sioux Falls, for plaintiff and respondent.


HOMEYER, Judge.

This appeal involves another facet of our implied consent law.1 SDC 1960 Supp. 44.0302-2. The Commissioner of Motor Vehicles revoked the driver's license of Warren George Beare for refusing to submit to a blood test. Beare petitioned the circuit court for a de novo hearing on the matter, and after hearing, the court determined Beare's license was not subject to revocation and...

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