Legal Opinion
State v. Helmer
South Dakota Supreme Court
Decided May 17, 1979No. 12578PublishedCited by 25 opinions
1Opinion of the Court
MORGAN, Justice.
Appellant was arrested on July 30, 1977, and took a breathalyzer test with results showing 0.19% alcohol in his blood. He was subsequently arraigned on a charge of driving while there was 0.10% or more by weight of alcohol in his blood, and convicted after jury trial in the Circuit Court for the Eighth Judicial Circuit, Butte County, South Dakota.
On appeal, appellant asserts pretrial error in the failure of the trial court to suppress the breathalyzer evidence and dismiss the information for two reasons: (1) That the test ampoule from the breathalyzer was not preserved for his…
2Cases cited24 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- People v. HitchCalifornia Supreme Court · 1974
- State v. BakerWashington Supreme Court · 1960
19 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Turpin v. StateCourt of Criminal Appeals of Texas · 1980
- Commonwealth v. NealMassachusetts Supreme Judicial Court · 1984
- State v. Iron ShellSouth Dakota Supreme Court · 1983
- State v. Rough SurfaceSouth Dakota Supreme Court · 1989
- State v. AdamsSouth Dakota Supreme Court · 1988
20 more not listed; retrieve them via the Exa API.