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Legal Opinion

State v. McDonald

South Dakota Supreme Court

Decided March 16, 1988No. 15781PublishedCited by 34 opinions

1Opinion of the Court

SABERS, Justice.

Lisa Ann McDonald (McDonald) appeals a conviction for driving while under the influence of an alcoholic beverage (SDCL 32-23-1(2)).

Facts

Vermillion Police Officer Troy Lubbers (Lubbers) stopped McDonald on August 25, 1986 at approximately 9:27 p.m. because McDonald’s car had a broken headlight. Lubbers approached McDonald’s window and detected an odor of alcohol. McDonald went back with Lubbers to his patrol car so Lubbers could issue a repair ticket. Once in the car, Lubbers noticed that the odor of alcohol was stronger. He asked McDonald if she had been drinking and she…

2Cases cited2 opinions

  1. State v. HelmerSouth Dakota Supreme Court · 1979
  2. State v. SutliffIdaho Supreme Court · 1976

3Cited by34 opinions

  1. State v. SmithSouth Dakota Supreme Court · 1999
  2. Commonwealth v. ColturiMassachusetts Supreme Judicial Court · 2007
  3. Commonwealth v. SeniorMassachusetts Supreme Judicial Court · 2001
  4. State v. BaldwinNew Mexico Court of Appeals · 2001
  5. State v. WhiteSouth Dakota Supreme Court · 1995

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