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STATE v. NEVILLE

No. 13260.

312 N.W.2d 723 (1981)

STATE of South Dakota, Plaintiff and Appellant, v. Mason Henry NEVILLE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 2, 1981.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellee.

DUNN, Justice.

The State appeals from an order of the circuit court suppressing evidence of defendant Mason Henry Neville's refusal to submit to a blood alcohol test. We affirm.

Neville was arrested for driving while intoxicated on July 19, 1980, after he had drawn the attention of two Madison, South Dakota police officers by failing to stop for a stop sign. Neville was given two field sobriety tests and was then arrested. After advising him of his Miranda...

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