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PETERSON v. STATE

No. 12092.

261 N.W.2d 405 (1977)

Kenneth Owen PETERSON, Respondent, v. STATE of South Dakota, Appellant.

Supreme Court of South Dakota.

Decided December 30, 1977.

Attorney(s) appearing for the Case

Dale L. Morman, Sturgis, for respondent.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

PORTER, Justice.

This case involves the South Dakota Implied Consent Law.1 The issue presented is whether the driver's later offer to take the chemical test nullified his earlier refusal to take the test when requested to do so by the arresting officer. If his conduct did not constitute a refusal of the test, his license to drive may not be revoked.

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