Chmelka v. Smith

On April 19, 1963, Donald Joseph Chmelka filed a petition in the Circuit Court of Minnehaha County alleging that the Department of Motor Vehicles had revoked his permit to operate a motor vehicle for a period of one year for the alleged refusal of the petitioner to submit to a chemical test and requesting that he be granted a trial de novo to determine whether his permit was subject to suspension or revocation. The court set the matter for hearing and the Commissioner of Motor Vehicles was notified accordingly. A stay of the order of revocation pending determination was upon application of…