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STATE v. O'CONNOR

No. 14237.

344 N.W.2d 684 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Tim F. O'CONNOR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Mikal Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Gary G. Colbath of Banks & Johnson, Rapid City, for defendant and appellant.

WOLLMAN, Justice.

This is an appeal from a judgment of conviction for driving while under the influence of an alcoholic beverage. We affirm.

On January 2, 1983, defendant was arrested for driving while under the influence of an alcoholic beverage. SDCL 32-23-1. The arresting officer read defendant the Miranda warning and his rights under the implied consent statutes. The arresting officer and defendant discussed whether defendant would be allowed to drive...

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