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BALSZ v. STATE, DEPT. OF PUBLIC SAFETY

No. 14581.

366 N.W.2d 492 (1985)

In the Matter of the Appeal of Brian D. BALSZ, Petitioner and Appellant, v. STATE of South Dakota, DEPARTMENT OF PUBLIC SAFETY, Appellee.

Supreme Court of South Dakota.

Decided April 17, 1985.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Sioux Falls, for petitioner and appellant.

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

HENDERSON, Justice.

ACTION

This is an appeal from an order of the circuit court affirming an order of the South Dakota Department of Public Safety. By these proceedings, Brian D. Balsz' (appellant) driver's license was revoked pursuant to SDCL 32-23-10 for refusing to take a breath test. We affirm.

FACTS

On July 10, 1983, Sioux Falls Police Officer, Jerry White, observed appellant driving on West 12th Street in Sioux Falls. Appellant's...

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