Department of Public Safety v. Storjohann

PORTER, Justice.

CASE SUMMARY

This is an appeal by the State from the judgment of the circuit court reversing the decision of the hearing examiner for the South Dakota Department of Public Safety revoking defendant Storjohann’s South Dakota driver’s license for a period of one year. We reverse the judgment of the circuit court and affirm the decision of the hearing examiner revoking defendant’s driver’s license for refusal to take a chemical test pursuant to the South Dakota Implied Consent Law.

FACTS

At 7:14 p.m. on September 6,1976, officer Edward Nyberg of the Sturgis Police Department stopped…