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NIEMAN v. SOUTH DAKOTA DEPT. OF PUBLIC SERVICE

No. 14024.

339 N.W.2d 795 (1983)

Dorothy L. NIEMAN, Petitioner and Appellee, v. SOUTH DAKOTA DEPARTMENT OF PUBLIC SAFETY, Appellant.

Supreme Court of South Dakota.

Decided November 9, 1983.

Attorney(s) appearing for the Case

Denis R. Eckert, Elk Point, for petitioner and appellee.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

PER CURIAM.

The State of South Dakota appeals from a circuit court order vacating a decision of the Department of Public Safety which revoked petitioner Dorothy Nieman's driving privileges for one year. We reverse.

On February 28, 1982, Ms. Nieman was arrested for driving while under the influence of an alcoholic beverage. She refused to submit to a chemical sobriety test. After continuances of both the criminal...

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