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STATE v. RUS

#29165.

956 N.W.2d 455 (2021)

2021 S.D. 14

STATE of South Dakota, Plaintiff and Appellee, v. Chad A. RUS, Defendant and Appellant.

Supreme Court of South Dakota.

Opinion Filed March 3, 2021.

Attorney(s) appearing for the Case

RACHEL MAIROSE , Aurora County State's Attorney, JOHN R. STEELE , Assistant Aurora County State's Attorney, Plankinton, South Dakota, Attorneys for plaintiff and appellee.

BERT S. BUCHER , Yankton, South Dakota, STEVEN J. BUCHER , Plankinton, South Dakota, Attorneys for defendant and appellant.

[¶1.] The State charged Chad Rus (Rus) by complaint and information with driving under the influence of an alcoholic beverage (DUI). A conviction on this charge would be Rus's third DUI within ten years. Rus moved for a preliminary hearing on the DUI charge. He argued that SDCL 23A-4-3 entitled him to a preliminary...

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