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STATE v. SMITH

No. 22316.

661 N.W.2d 736 (2003)

2003 SD 44

STATE of South Dakota, Plaintiff and Appellee, v. Duane SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 23, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Kevin Lewis, Pennington County Public Defender, Rapid City, South Dakota, Attorneys for defendant and appellant.

PER CURIAM.

[¶ 1.] Duane Smith appeals his conviction for Driving under the Influence (DUI). We affirm.

FACTS AND PROCEDURE

[¶ 2.] On August 2, 2001, Trooper Slade Ross received a dispatch that a vehicle had left I-90 and was upside down in the median. Upon arriving at the scene, Trooper Ross made contact with Smith who admitted to being the driver of the vehicle. Smith followed Trooper Ross to his patrol car to prepare an accident report...

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