State v. Ladwig

MILLER, Justice.

Appellant Milo Ladwig (Ladwig) appeals his conviction of driving with 0.10 percent or more of alcohol in his blood, arguing that the trial court erred in (1) failing to dismiss the charges against him at the conclusion of State’s evidence and (2) refusing certain proposed jury instructions. Because State failed to introduce any evidence of Ladwig’s blood alcohol content at the time he was operating his vehicle, we reverse.

FACTS

Ladwig was stopped at a traffic check in Codington County, South Dakota. He was unable to produce his driver’s license. Because of his appearance and…