Steele v. State, Department of Commerce & Regulation, Division of Fire Safety & Regulation, Driver Improvement Program

This case is on appeal from a trial de novo. A Judgment Affirming Decision of South Dakota Department of Commerce and Regulation was entered after a trial de novo. SDCL 32-12-59.* It behooved the trial court to take testimony and thereby render its own independent determination on the revocation or nonrevocation of the driver’s license at issue. See Dep’t. of Public Safety v. Weinrich, 263 N.W.2d 690, 692 (S.D.1978).

It appears the trial court did conduct an independent examination of the facts. It is significant to mention a certain judicial notice which the trial court took during the course…