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MATTER OF SCHUTTLER

No. 12093.

262 N.W.2d 61 (1978)

In the Matter of the Revocation of the Driver's License of Richard A. SCHUTTLER.

Supreme Court of South Dakota.

Decided February 1, 1978.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and appellant State of South Dakota; William J. Janklow, Atty. Gen., Pierre, on brief.

John R. McDowell of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and respondent Richard A. Schuttler.

DUNN, Chief Justice.

This is another in the series of cases requiring an interpretation of South Dakota's implied consent law. A hearing examiner for the Department of Public Safety ordered the defendant's driver's license revoked because of his refusal to take a blood test when requested to do so. A circuit court judge for the Second Judicial Circuit reversed the order of the Department of Public Safety, concluding that the defendant was too intoxicated to understand...

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