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KULESA v. DEPARTMENT OF PUBLIC SAFETY

No. 12547.

278 N.W.2d 637 (1979)

James John KULESA, Petitioner and Appellant, v. DEPARTMENT OF PUBLIC SAFETY, State of South Dakota, Respondent.

Supreme Court of South Dakota.

Decided May 10, 1979.

Attorney(s) appearing for the Case

Charles B. Kornmann, of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for petitioner and appellant.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

DUNN, Justice.

This is an appeal from a judgment providing for the revocation of Kulesa's driver's license for failure to submit to a chemical breath test under the Implied Consent Law. A jurisdictional question is raised regarding Kulesa's having failed to file his petition for appeal to the circuit court within the time allotted by statute. We dismiss the appeal.

Subsequent to his arrest for driving while intoxicated and to his refusal to submit to a chemical...

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