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South Dakota Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of South Dakota or Court of Appeals of South Dakota where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Schulte v. Progressive Northern Insurance Co. - 6/15/2005
Considered on Briefs on March 21, 2005 [ .] In this declaratory action dealing with insurance coverage, the plaintiff seeks to recover the policy limits of $100,000 from both the offending driver, for negligent operation of the...

State v. Mattson - 6/8/2005
Argued February 16, 2005 [ .] Defendant, while riding as a passenger, was arrested along with the driver of the vehicle and several passengers after a drug dog sniff conducted at a routine traffic stop revealed the presence of...

State v. Muller - 6/1/2005
Argued on April 27, 2005 [ .] Defendant moved to suppress all evidence obtained during a traffic stop in Watertown, South Dakota. Defendant alleged the traffic stop was in violation of his Fourth Amendment rights, as the...

In re Ogilvie - 5/25/2005
ORIGINAL PROCEEDING Argued on April 27, 2005 [ .] John C. Ogilvie, Jr., was conditionally admitted to the State Bar of South Dakota in 2001. Having found that he failed to maintain the requirements of his conditional...

State v. Janklow - 2/23/2005
Argued November 16, 2004 [ .] William J. Janklow (Janklow) appeals from a jury verdict finding him guilty of reckless driving and second degree manslaughter for an August 16, 2003, collision which killed Randolph Scott (Scott)....

State v. Anderson - 2/16/2005
Considered on Briefs on January 10, 2005 [ .] David Lynn Anderson appealed the denial of a second motion to correct his 125-year sentence on a 1995 conviction for vehicular homicide. Defendant's sentence was enhanced under the...

Bostick v. Weber - 1/19/2005
Considered on Briefs on November 15, 2004 [ .] Petitioner Fred A. Bostick filed a habeas corpus petition alleging ineffective assistance of counsel at his original trial in 1997. After a certificate of probable cause had been...

People ex rel J.S.B. - 1/5/2005
Considered on Briefs on June 1, 2004 [ .] Under the Adoption and Safe Families Act (ASFA), enacted in 1997, "reasonable efforts" to reunify a family are not required before termination of parental rights when a parent has a...

State v. Scholl - 6/30/2004
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...

State v. Hess - 5/5/2004
Considered on Briefs on August 25, 2003 . In this case, we must decide whether a warrantless police entry and search of a home, mistakenly thought to be the home of an arrestee for whom the officers had a warrant, constituted a...

State v. Cummings - 4/21/2004
Nicholas Cummings, the Defendant, is a member of the Oglala Sioux Tribe and he resides on the Tribe's Pine Ridge Reservation. The reservation is in Shannon County. Fall River County adjoins Shannon County. On March 4, 2003, Deputy Sheriff...

People ex rel South Dakota Dep't of Social Services v. D.S.Y. - 3/31/2004
Considered on Briefs on February 17, 2004 . D.Y. (father) appeals the termination of his parental rights over his ten-year-old daughter. The only question of merit in this appeal is whether the filing of a Korth brief is...

Duffy v. Circuit Court For the Seventh Judicial Circuit - 2/11/2004
ORIGINAL PROCEEDING Argued on November 18, 2003 . The Seventh Judicial Circuit Court appointed Veronica Duffy, attorney at law, as counsel in four cases involving two indigent persons. Duffy submitted verified vouchers...

State v. Mollman - 12/23/2003
On May 28, 2002, Mollman and Gary Severson were involved in a collision near the intersection of West Main and Whitewood Streets in Rapid City. Severson was riding a motorcycle, Mollman was driving a car. At the time of collision, Mollman...

Schoon v Looby - 10/8/2003
Argued on March 25, 2003 . Lucille Schoon and John Schoon, plaintiffs, appeal a defense verdict in favor of Dr. Thomas Looby, an obstetrician/gynecologist, and his employer, Sioux Valley Hospital. Schoon asserts that defense...

State v. Guthmiller - 7/16/2003
Argued on February 11, 2003 [ .] A Pennington County jury convicted Dale Guthmiller (Guthmiller) of criminal pedophilia. He was also found to be a habitual offender. The trial court sentenced him to life in prison without parole....

In re D.M. - 4/30/2003
Considered on Briefs April 16, 2003 [ .] This is an appeal regarding the termination of parental rights concerning four minor children. The children are Native American and the provisions of the Indian Child Welfare Act (ICWA)...

State v. Engesser - 4/23/2003
Defendant was tried by a jury and convicted of vehicular homicide and two counts of vehicular battery. He was sentenced to prison. He appeals asserting that the trial court erred in (1) denying the suppression of his blood draw result; (2)...

Maas v. Department of Commerce and Regulation - 4/23/2003
Maas was convicted of DUI in 1993. He was later convicted of DUI in 2001. However, the 2001 DUI was not specifically "charged" as a "second offense" under SDCL 32-23-3 and 32-23-4.2.*fn1 Moreover, for reasons not reflected in the record,...

State v. Smith - 4/23/2003
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....

State v. Arguello - 12/18/2002
The facts of this case are undisputed. Arguello pled guilty to driving or controlling a vehicle while having .10 percent or more of alcohol in his blood on August 16, 2001. However, Arguello pled not guilty to the part II information which...

State v. Herrmann - 10/2/2002
Trooper Rick Steiner, a thirteen-year veteran of the South Dakota Highway Patrol assigned to the Watertown area, was on duty on the night of October 6, 2000. At the end of his shift at approximately 11:22 p.m., he was pulling into the...

State v. Chavez - 7/17/2002
During the night of November 12, 2000, Sioux Falls police were called to investigate a robbery. Victims of the crime reported that they knew the men who had robbed them as "Clown," (later found to be Gregory Iboy (Iboy)), Sandy (later...

State v. Hullinger - 7/10/2002
On March 18, 2001, Stanley County deputy sheriff David Ludwig observed a red Camaro driving slowly out of Fort Pierre. Ludwig noticed its driver touch the curb and cross the center line several times. At the Bad River bridge, the Camaro...

State v. Owens - 4/10/2002
South Dakota Supreme Court Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Joseph Neiles, Judge Considered on Briefs August 29, 2001 [ .] Lavance Owens (Owens) appeals from...

State v. Richards - 2/6/2002
On May 26, 2000, Richards was sentenced to five years in the penitentiary for third offense DUI. On July 10, 2000 Richards, who was housed at the Community Alternatives of the Black Hills, did not return from work release. [ .]...

State v. Lamont - 7/11/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Merton B. Tice, Jr., Judge Argued on October 24, 2000 [ .] Justice Robert A. Amundson delivers...

State v. Machmuller - 6/27/2001
South Dakota Supreme Court Appeal from the Circuit Court of The First Judicial Circuit Yankton County, South Dakota Hon. Arthur L. Rusch, Judge Considered on Briefs March 19, 2001 Opinion Filed 6/27/2001 [ .] In this...

Schlumbohm v. City of Sioux Falls - 6/13/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Judith K. Meierhenry, Judge Considered on Briefs April 26, 2001 Opinion Filed 6/13/2001 [ .]...

State v. Dufault - 5/30/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Third Judicial Circuit Hand County, South Dakota Hon. Jon R. Erickson, Judge Considered on Briefs April 24, 2001 Opinion Filed 5/30/2001 [ .] Criss Scott...

State v. Andrews - 3/14/2001
As amended May 7, 2001. STATE OF SOUTH DAKOTA PLAINTIFF AND APPELEE v. AARON ANDREWS DEFENDANT AND APPELLANT Mark Barnett, Attorney General Frank Geaghan, Assistant Attorney General Pierre, South Dakota Attorneys for...

In re Recommendation of the Board of Bar Examiners for the Conditional Admission of Ogilvie - 3/7/2001
Argued on November 28, 2000 Opinion Filed 3/7/2001 [ .] John C. Ogilvie Jr. petitioned this Court for admission to practice law in the State of South Dakota. This Court grants Petitioner conditional admission. FACTS ...

State v. Edern - 2/26/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Janine M. Kern, Judge Considered on Briefs February 13, 2001 Opinion Filed 2/26/2001 [ .]...

State v. Ekern - 2/26/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Janine M. Kern, Judge Considered on Briefs February 13, 2001 [ .] An attorney with the Pennington...

Biegler v. American Family Mutual Insurance Company - 1/24/2001
As amended January 29, 2001. Appeal from the Circuit Court of The Fifth Judicial Circuit Brown County, South Dakota Hon. Jack R. Von Wald, Judge Argued September 20, 2000 [ .] American Family Insurance Company...

State v. Stahl - 12/13/2000
Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Eugene L. Martin, Judge Affirmed Argued Oct 24, 2000; Opinion Filed Dec 13, 2000 [ ] Dean Desire Stahl appeals from his judgments of conviction and...

State v. Rinehart - 10/18/2000
Affirmed Considered On Briefs On October 21, 1999 [ .] Following a court trial, Adam Paul Rinehart was found guilty of DUI and third offense DUI.á We affirm. FACTS [ .] At 1:05 a.m. on July 3, 1998, Officer...

State v. Moeller - 8/30/2000
Appeal from the Second Judicial Circuit, Lincoln County, SD (Formerly a Part of the First Judicial Circuit) Hon. Arthur L. Rusch, Judge Affirmed Argued Oct 21, 1999; Opinion Filed Aug 30, 2000 [ ] Donald Moeller was...

Hart v. Miller - 4/19/2000
Appeal from the First Judicial Circuit, Yankton County, SD Hon. Lee Tappe, Judge Affirmed in part, Reversed in part Argued December 2, 1999; Opinion Filed Apr 19, 2000 [ ] Plaintiff Erin Colleen Hart (Hart) appeals an...

State v. Schwebach - 4/12/2000
Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Peter H. Lieberman, Judge Reversed Considered on Briefs Mar 21, 2000; Opinion Filed Apr 12, 2000 [ ] Defendant Jared James Schwebach (Schwebach)...

State v. Neitge - 3/15/2000
Appeal From The Second Judicial Circuit, Minnehaha County, SD Hon. Peter H. Lieberman, Judge Reversed Considered On Briefs Feb 14, 2000; Opinion Filed Mar 15, 2000 [ ] Defendant James Neitge (Neitge) appeals...

State v. Milk - 2/23/2000
Appeal from the Sixth Judicial Circuit, Tripp County, SD Hon. Max A. Gors, Judge Affirmed Considered on Briefs Jan 10, 2000; Opinion Filed Feb 23, 2000 [ ] Defendant Mark Milk (Milk) appeals a life sentence for...

State v. Herting - 1/26/2000
Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Michael J. O'Connor, Magistrate Judge Reversed Considered on Briefs Nov 29, 1999; Opinion Filed Jan 26, 2000 [ ] State appeals an order suppressing...

State v. Hagan - 9/1/1999
South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Meade County, SD Hon. Scott C. Moses, Judge Affirmed Considered on Briefs Feb 24, 1999; Opinion Filed Sep 1, 1999 [ ] Jack Hagan appeals convictions...

State v. Buchholz - 8/11/1999
South Dakota Supreme Court Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Eugene L. Martin, Judge Affirmed Considered on Briefs Apr 26, 1999; Reassigned Jun 22, 1999 Opinion Filed Aug 11, 1999 [ ] Kyle...

State v. Davis - 7/28/1999
State v. Davis, 1999 SD 98 HTML Code © State Bar of South Dakota, 1999 South Dakota Supreme Court Appeal from the First Judicial Circuit, Union County, SD Hon. Richard Bogue, Judge Reversed Considered on Briefs...

State v. Hinger - 7/21/1999
South Dakota Supreme Court Appeal from the Fourth Judicial Circuit, Davison County, SD Hon. Boyd L. McMurchie, Judge Reversed Considered on Briefs Jun 1, 1999; Opinion Filed Jul 21, 1999 [ ] Timothy Eldon Hinger...

State v. Cameron - 6/16/1999
State v. Cameron, 1999 SD 70 SOUTH DAKOTA SUPREME COURT State v. Cameron, 1999 SD 70 HTML Code © State Bar of South Dakota, 1999 South Dakota Supreme Court Appeal from the First Judicial Circuit, Union County,...

State v. Herrboldt - 4/28/1999
State v. Herrboldt, 1999 SD 55 South Dakota Supreme Court Appeal from the First Judicial Circuit, Yankton County, SD Hon. Mary Dell Cody, Magistrate Judge Reversed Argued Feb 23, 1999; Opinion Filed Apr 28, 1999 ...

State v. Sleep - 2/10/1999
South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Meade County, SD Hon. Scott C. Moses, Judge Affirmed Considered on Briefs Dec 3, 1998; Reassigned Dec 31, 1998 Opinion Filed Feb 10, 1999 [ ] In this...

State v. Hanson - 1/20/1999
Corrected Feb 4, 1999 South Dakota Supreme Court Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Jon R. Erickson, Judge Affirmed Argued Oct 21, 1998; Reassigned Nov 25, 1998 Opinion Filed Jan 20, 1999 ...

Sund v. Weber - 12/16/1998
Sund v. Weber, 1998 SD 123 South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Meade County, SD Hon. Timothy R. Johns, Judge Reversed Argued Oct 19, 1998; Opinion Filed Dec 16, 1998 [ ] Dennis...

State v. Meyer - 12/16/1998
State v. Meyer, 1998 SD 122 South Dakota Supreme Court Appeal from the Fifth Judicial Circuit, Brown County, SD Hon. Larry H. Lovrien, Judge Affirmed Argued Oct 22, 1998; Opinion Filed Dec 16, 1998 [ ] Victoria...

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