State v. Fischer

HENDERSON, Justice.

ACTION

In this criminal appeal, we shall refer to David G. Fischer, appellant-defendant, as Fischer, and appellee State of South Dakota as State. Fischer appeals from an Order and Judgment of the circuit court which denied his motion for acquittal; found him guilty of driving under the influence of an alcoholic beverage; and affirmed a magistrate court order denying a motion to suppress. We affirm.

FACTS

At approximately 2:06 a.m., on December 15, 1983, Aberdeen Police Officer Neil Bitt-ner observed Fischer attempting to remove his vehicle from a snowdrift. Other vehicles had…