Kirby v. State, Department of Public Safety

WOLLMAN, Justice.

The state appeals from a judgment of the circuit court that set aside an order entered by the Department of Public Safety revoking respondent’s driver’s license. We reverse and remand.

On the evening of March 28, 1976, two officers of the Rapid City Police Department observed respondent slumped over asleep behind the steering wheel of his vehicle, which was parked with the left wheels on the traveled roadway portion of a street near a warehouse in the city. The parking lights were on and the engine was running. In the process of checking respondent’s driver’s license, one of…