State v. Helling

MORGAN, Justice.

Defendant Robert Helling (Helling) appeals from his DWI third-offense conviction entered June 13, 1985. We reverse and remand.

On November 16,1984, the South Dakota Highway Patrol received a call concerning an accident on Highway 85 near Deadwood, South Dakota. A trooper proceeded to the scene of the accident and found Helling’s automobile backed into a driveway and straddling a retaining wall. No one was in the car at the time. Although no one was near the accident site, the driver of the car was described as wearing a light-colored cowboy hat.

After finding no one near the…