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STATE v. COOPER

No. 15724.

421 N.W.2d 67 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Danny Floyd COOPER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 23, 1988.

Attorney(s) appearing for the Case

Janine Kern, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen., on brief, Pierre, for plaintiff and appellee.

Timothy W. Bjorkman of Bjorkman Law Offices, Bridgewater, for defendant and appellant.

SABERS, Justice.

Danny Floyd Cooper (Cooper) appeals a conviction for driving while under the influence of alcohol. He claims the charge should have been dismissed because of a violation of the 180-day rule (SDCL 23A-44-5.1).

Facts

Cooper was arrested by Trooper Roger Wermers on August 1, 1985 in McCook County on a charge of driving while under the influence of alcoholic beverages. Trooper Wermers spotted the Cooper vehicle when it veered...

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