Legal Opinion

Petersen v. Department of Public Safety

South Dakota Supreme Court

Decided August 14, 1985No. 14268PublishedCited by 14 opinions

1Opinion of the Court

FOSHEIM, Chief Justice.

The Department of Public Safety appeals from a circuit court order vacating the Department’s order to revoke Raymond A. Petersen’s driver’s license for one year because of his refusal to take a blood test. Ne reverse.

At 9:00 p.m. on December 18,1982, Highway Patrolman Farnsworth investigated a *39taxi parked off of old Highway 16 on a gravel approach leading to a farmstead. The car’s engine was not running, its lights were off, and the automatic transmission was placed in park. The keys were in the ignition.

One man, Raymond A. Petersen, was asleep in the front seat. The…

2Cases cited3 opinions

  1. State v. HallSouth Dakota Supreme Court · 1984
  2. Kirby v. State, Department of Public SafetySouth Dakota Supreme Court · 1978
  3. State v. DuBraySouth Dakota Supreme Court · 1980

3Cited by14 opinions

  1. Atkinson v. StateCourt of Appeals of Maryland · 1993
  2. People v. DavisAppellate Court of Illinois · 1990
  3. State v. RemacleSouth Dakota Supreme Court · 1986
  4. Dukes v. StateCourt of Special Appeals of Maryland · 2008
  5. State v. KitchensSouth Dakota Supreme Court · 1993

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