PETERSEN v. DEPT. OF PUBLIC SAFETY

No. 14268.

373 N.W.2d 38 (1985)

Raymond A. PETERSEN, Petitioner and Appellee, v. DEPARTMENT OF PUBLIC SAFETY, Appellant.

Supreme Court of South Dakota.

Decided August 14, 1985.


Attorney(s) appearing for the Case

David L. Braun of Gors and Braun, Pierre, for petitioner and appellee.

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


FOSHEIM, Chief Justice.

The Department of Public Safety appeals from a circuit court order vacating the Department's order to revoke Raymond A. Petersen's driver's license for one year because of his refusal to take a blood test. We reverse.

At 9:00 p.m. on December 18, 1982, Highway Patrolman Farnsworth investigated a taxi parked off of old Highway 16 on a gravel approach leading to a farmstead. The car's engine...

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