Appeal of Balsz v. State, Department of Public Safety

HENDERSON, Justice.

ACTION

This is an appeal from an order of the circuit court affirming an order of the South Dakota Department of Public Safety. By these proceedings, Brian D. Balsz’ (appellant) driver’s license was revoked pursuant to SDCL 32-23-10 for refusing to take a breath test. We affirm.

FACTS

On July 10, 1983, Sioux Falls Police Officer, Jerry White, observed appellant driving on West 12th Street in Sioux Falls. Appellant’s vehicle appeared to be speeding and was clocked by radar at 55 m.p.h. in a 35 m.p.h. zone. The officer followed appellant for three-quarters of a mile, observing…