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KIRBY v. STATE, DEPT. OF PUBLIC SAFETY

No. 12138.

262 N.W.2d 49 (1978)

Charles W. KIRBY, Plaintiff and Respondent, v. STATE of South Dakota, DEPARTMENT OF PUBLIC SAFETY, Defendant and Appellant.

Supreme Court of South Dakota.

January 25, 1978.

Attorney(s) appearing for the Case

Thomas G. Fritz, of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for plaintiff and respondent.

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

WOLLMAN, Justice.

The state appeals from a judgment of the circuit court that set aside an order entered by the Department of Public Safety revoking respondent's driver's license. We reverse and remand.

On the evening of March 28, 1976, two officers of the Rapid City Police Department observed respondent slumped over asleep behind the steering wheel of his vehicle, which was parked with the left wheels on the traveled roadway portion of a street near a warehouse...

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