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WERNER v. DEPARTMENT OF PUBLIC SAFETY

No. 12672.

288 N.W.2d 82 (1980)

Richard WERNER, Petitioner and Respondent, v. DEPARTMENT OF PUBLIC SAFETY, Appellant.

Supreme Court of South Dakota.

Decided January 30, 1980.

Attorney(s) appearing for the Case

Robert L. Jones, Sioux Falls, for petitioner and respondent.

Kevin F. Manson, Asst. Atty. Gen., Pierre, for appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Considered on Briefs.

PER CURIAM.

The State appeals from a circuit court judgment reversing the decision of the Department of Public Safety to revoke Richard Werner's driver's license for one year. We reverse.

On October 22, 1977, Deputy Steven Johnson of the Moody County Sheriff's Office arrested Richard Werner for driving while intoxicated after observing Werner's erratic driving and having Werner perform field sobriety tests. Deputy Johnson radioed...

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