State v. Richards

Pete E. Richards appeals his conviction of driving with a prohibited alcohol level in blood. SDCL 32-23-1(1). We affirm.

On February 1, 1984, State Trooper Arnold Beam was holding a traffic check near Martin, South Dakota. He stopped an automobile driven by Pete E. Richards. While he was writing a warning ticket detailing the deficiencies of Richards’ car, Trooper Beam observed Richards’ bloodshot eyes, slow and deliberate speech, and strong odor of intoxicating beverage. Richards agreed to take a preliminary breath test on the portable breath testing equipment (PBT) that Trooper Beam carried…