Howe v. Commissioner of Motor Vehicles

BIEGELMEIER, Judge (on reassignment).

The Commissioner of Motor Vehicles, under our implied consent law, 1 revoked the driver's license of appellant Howe, who then petitioned the circuit court for a de novo hearing thereon. After such hearing the court entered an order affirming the Commissioner's action.

The hearing in circuit court is a trial de novo where testimony is required on which the court makes its own independent determination whether or not the license is subject to revocation. Hanlon v. Commissioner of Motor Vehicles, 80 S.D. 316, 123 N.W.2d 136. The trial court found a proper and…