State v. Tammi

MILLER, Chief Justice.

State appeals a circuit court order vacating Daniel Ray Tammi’s (Tammi) conviction for reckless driving. We affirm.

FACTS

On November 21,1992, Darrel Hatzenbuh-ler (Hatzenbuhler), an off-duty police officer for the city of Sturgis, South Dakota, was driving to his mother-in-law’s residence in Sturgis along with his wife and family. Hat-zenbuhler was driving his personal automobile and was heading east on one of the city streets in Sturgis. As Hatzenbuhler approached an alley entrance to the right of his vehicle, his wife screamed his name and said there was a car coming…