Legal Opinion

Huber v. Department of Public Safety

South Dakota Supreme Court

Decided November 1, 2006No. 24004PublishedCited by 19 opinions

1Opinion of the Court

SABERS, Justice.

[¶ 1.] Donald Huber (Huber) appeals the Department of Public Safety’s (Department) decision that he is unlicensable under SDCL 32-12-35. He also alleges the circuit court abused its discretion when it did not grant a hearing to take additional evidence during his appeal. We affirm.

FACTS

[¶ 2.] In September of 2001, Huber struck and killed two pedestrians when he “blacked out” while driving. 1 This accident was originally attributed to narcolepsy. The Department sent Huber a Notice of Driver Evaluation Request in order to review his ability to drive. The medical evidence…

2Cases cited15 opinions

  1. Dacy v. GorsSouth Dakota Supreme Court · 1991
  2. Gloe v. Union Insurance Co.South Dakota Supreme Court · 2005
  3. Enger v. FMCSouth Dakota Supreme Court · 1997
  4. Wildeboer v. South Dakota Junior Chamber of Commerce, Inc.South Dakota Supreme Court · 1997
  5. Double Diamond Construction v. Farmers Cooperative Elevator Ass'n of BeresfordSouth Dakota Supreme Court · 2003

10 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Fin-Ag, Inc. v. Pipestone Livestock Auction Market, Inc.South Dakota Supreme Court · 2008
  2. Rotenberger v. BurghduffSouth Dakota Supreme Court · 2007
  3. State v. CrawfordSouth Dakota Supreme Court · 2007
  4. MASAD v. WeberSouth Dakota Supreme Court · 2009
  5. Kauth v. BartlettSouth Dakota Supreme Court · 2008

14 more not listed; retrieve them via the Exa API.

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