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HOWE v. COMMISSIONER OF MOTOR VEHICLES

No. 10325.

149 N.W.2d 324 (1967)

Arthur Deahl HOWE, Defendant and Appellant, v. COMMISSIONER OF MOTOR VEHICLES of the State of South Dakota, Plaintiff and Respondent.

Supreme Court of South Dakota.

March 14, 1967.

Attorney(s) appearing for the Case

Martens, Goldsmith, May & Porter, Pierre, for defendant and appellant.

Frank L. Farrar, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

BIEGELMEIER, Judge (on reassignment).

The Commissioner of Motor Vehicles, under our implied consent law,1 revoked the driver's license of appellant Howe, who then petitioned the circuit court for a de novo hearing thereon. After such hearing the court entered an order affirming the Commissioner's action.

The hearing in circuit court is a trial de novo where testimony is required on which the court makes its own independent determination...

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