HELES v. STATE OF S. D.

Civ. No. 79-4077.

530 F.Supp. 646 (1982)

Patrick HELES, Kent Braunsreither, Plaintiffs, v. The STATE OF SOUTH DAKOTA, Fred Zuercher, Secretary, South Dakota Department of Public Safety and Richard Meleen, Director of Driver Improvement Division, South Dakota Department of Public Safety, Defendants.

United States District Court, D. South Dakota, S. D.

January 21, 1982.


Attorney(s) appearing for the Case

John P. Blackburn of Yankton, S. D., for plaintiffs;

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, S. D., for defendants.


MEMORANDUM DECISION

NICHOL, Senior District Judge.

This case brought by Patrick Heles (Heles) and Kent Braunsreither (Braunsreither) challenges the procedures employed in South Dakota when a person is arrested for DWI, informed of his or her rights under the Implied Consent Statute1, and the person is requested to submit to a chemical sobriety test. More specifically the plaintiffs allege that it is an unconstitutional denial...

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