STATE v. HELLING

No. 15056.

391 N.W.2d 648 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Robert Neil HELLING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 9, 1986.


Attorney(s) appearing for the Case

Frank Geaghan, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., on brief, Pierre, for plaintiff and appellee.

Robert A. Haivala, Sturgis, for defendant and appellant.


MORGAN, Justice.

Defendant Robert Helling (Helling) appeals from his DWI third-offense conviction entered June 13, 1985. We reverse and remand.

On November 16, 1984, the South Dakota Highway Patrol received a call concerning an accident on Highway 85 near Deadwood, South Dakota. A trooper proceeded to the scene of the accident and found Helling's automobile backed into a driveway and straddling a retaining wall. No one was in the car at the time. Although...

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