BOGGS v. STATE, DEPT. OF PUBLIC SAFETY

No. 11908.

261 N.W.2d 412 (1977)

Kenneth Wayne BOGGS, Appellant and Petitioner, v. STATE of South Dakota, DEPARTMENT OF PUBLIC SAFETY, Respondent.

Supreme Court of South Dakota.

December 30, 1977.


Attorney(s) appearing for the Case

N. Dean Nasser, Jr. of Gridley & Nasser, Sioux Falls, for appellant and petitioner.

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


WOLLMAN, Justice.

Appellant was arrested on May 15, 1975, for driving while intoxicated, a violation of SDCL 32-23-1. Appellant refused to submit to a chemical test in response to the arresting officer's request that he do so. Appellant concedes that the arrest was made upon probable cause and that the arresting officer advised him fully of his rights under the implied consent statute.

Pursuant to appellant's request, a hearing was conducted by a hearing officer...

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