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STATE v. MILLER

No. 11771.

248 N.W.2d 61 (1976)

STATE of South Dakota, Plaintiff and Respondent. v. Warren E. MILLER, Defendant and Appellant.

Supreme Court of South Dakota.

December 16, 1976.

Attorney(s) appearing for the Case

Earl R. Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Allen J. Eide, of Gribbin, Burns & Eide, Watertown, for defendant and appellant.

WOLLMAN, Justice (On reassignment).

Defendant was arrested by Watertown, South Dakota, police officers at about 11:30 p. m., March 21, 1975, after he was found behind the wheel of an automobile that was parked on a railroad track with its lights on and motor running. Defendant was taken to the police station and advised of his rights under the implied consent law. Defendant refused to submit to a breathalyzer test and was placed in a cell. At approximately 12:25 a...

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