STATE v. JANSSEN

No. 14724.

371 N.W.2d 353 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. William H. JANSSEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 17, 1985.


Attorney(s) appearing for the Case

John W. Bastian, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Ronald E. Brodowicz, Rapid City, for defendant and appellant.


WUEST, Acting Justice.

William H. Janssen (appellant) appeals from a judgment and conviction of driving while under the influence (DWI) of an alcoholic beverage, in violation of SDCL 32-23-1, and having one prior conviction for DWI within the preceding five years, in violation of SDCL 32-23-3. We affirm.

On the night of February 3, 1984, State Trooper Patrick Fahey (Fahey) responded to a radio call informing him that an automobile was observed driving erratically...

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