Legal Opinion
State v. Ducheneaux
South Dakota Supreme Court
Decided July 25, 2007No. 24304PublishedCited by 5 opinions
1Opinion of the Court
ZINTER, Justice.
[¶ 1.] Wayne Ducheneaux was charged with driving while under the influence (DUI). A Part II Information alleging that this was a third DUI offense was also filed. The circuit court granted Duche-neaux’s motion to strike the Part II Information. The State appeals. We reverse.
[¶ 2.] Ducheneaux was arrested in 2006 for driving with a blood alcohol content of 0.08 or more. He was alternatively charged with DUI under SDCL 32-23-1(1) and (2). The State’s attorney also filed a Part II Information alleging that Duche-neaux had two prior DUI convictions. One of the prior offenses was a…
2Cases cited6 opinions
- State v. AsmussenSouth Dakota Supreme Court · 2006
- State v. DaleSouth Dakota Supreme Court · 1939
- State v. MotzkoSouth Dakota Supreme Court · 2006
- State v. MastellerSouth Dakota Supreme Court · 1972
- State v. HullingerSouth Dakota Supreme Court · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. MossSouth Dakota Supreme Court · 2008
- District of Columbia v. FitzgeraldDistrict of Columbia Court of Appeals · 2008
- State v. LewisNew Mexico Court of Appeals · 2008
- District of Columbia v. FitzgeraldDistrict of Columbia Court of Appeals · 2007
- State v. MossSouth Dakota Supreme Court · 2008