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STATE v. FLEGEL

No. 17459.

485 N.W.2d 210 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. Arnold L. FLEGEL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Charles D. McGuigan, Asst. Attys. Gen., Pierre, for plaintiff and appellee.

David R. Wurm, Rapid City, for defendant and appellant.

MILLER, Chief Justice.

Arnold L. Flegel (Flegel) appeals his conviction for fourth offense driving while under the influence of alcohol (DWI). We remand for further proceedings.

FACTS

At approximately 10:00 p.m. on the night of November 5, 1990, a woman driving on a muddy rural road in Pennington County, South Dakota came upon an abandoned car that had slid into the ditch along the roadside. After stopping and confirming there was no one in the car...

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