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  5. 164 N.W.2d 351 (1969)
 

BLOW v. COMMISSIONER OF MOTOR VEHICLES

No. 10501.

164 N.W.2d 351 (1969)

Harvey J. BLOW, Petitioner and Respondent, v. COMMISSIONER OF MOTOR VEHICLES, Defendant and Appellant.

Supreme Court of South Dakota.

January 27, 1969.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., A. H. Shuster, Asst. Atty. Gen., Pierre, for defendant and appellant.

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for petitioner-respondent.

HOMEYER, Judge.

The Commissioner of Motor Vehicles has appealed from an order of the circuit court vacating the revocation of the driver's license of the petitioner, Harvey J. Blow, because of his refusal to submit to a chemical analysis of his blood under the Implied Consent Law, SDC 1960 Supp. 44.0302-2.

The narrow question presented for decision is whether Blow's request to talk to his attorney before he exercised his option to either consent or refuse...

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