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GRAF v. DEPT. OF COMMERCE AND REGULATION

No. 18049.

508 N.W.2d 1 (1993)

Dale William GRAF, Petitioner and Appellant, v. STATE of South Dakota, DEPARTMENT OF COMMERCE AND REGULATION, Appellee.

Supreme Court of South Dakota.

Reassigned August 24, 1993.

Decided November 17, 1993.

Attorney(s) appearing for the Case

Steven R. Binger, Sioux Falls, for petitioner and appellant.

Mark Barnett, Atty. Gen., Gary R. Campbell, Asst. Atty. Gen., Pierre, for appellee.

WUEST, Justice (on reassignment)

Dale William Graf (Graf) appeals from a judgment revoking his driver's license for one year. We reverse.

FACTS

At 7:00 p.m. on January 17, 1992, Sioux Falls Police Officer Gregory Schmit (Officer Schmit) received a radio dispatch that an anonymous citizen reported a possible drunk driver in a large brown car with license "1E3312" travelling west on 10th Street. The dispatch advised Officer Schmit that a computer check...

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