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STATE v. SCHOLL

No. 23044.

684 N.W.2d 83 (2004)

2004 SD 85

STATE of South Dakota, Plaintiff and Appellee, v. Lonnie Lee SCHOLL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 30, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Ronald A. Parsons, Jr. and Matthew T. Tobin of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Lonnie Scholl appeals a circuit court order affirming his magistrate court conviction for one count of driving under the influence of alcohol (DUI). We affirm.

FACTS

[¶ 2.] At approximately 10:30 p.m. on September 13, 2002, Sioux Falls Police Officer Brian Reinwald was on duty in his patrol car when he received a radio dispatch directing units in the area to respond to a report of a possible drunk driver on Westport...

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