MATTER OF DALY

No. 12608.

280 N.W.2d 669 (1979)

In the Matter of the Revocation of the Driver's License of Kenneth R. DALY.

Supreme Court of South Dakota.

Decided June 28, 1979.


Attorney(s) appearing for the Case

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

Drew C. Johnson, Aberdeen, for defendant and respondent, Kenneth R. Daly.


MORGAN, Justice.

This is an appeal from a judgment of the Circuit Court for the Fifth Judicial Circuit, Brown County, reversing the revocation of the driver's license of Kenneth R. Daly (respondent) by the Department of Public Safety (Department). The State appeals from the circuit court's finding that the breathalyzer machine was not working correctly at the time respondent took the breathalyzer test and its conclusion that his actions did not constitute a refusal...

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