State v. Remacle

WUEST, Justice.

This is an appeal from a conviction of being in actual physical control of a motor vehicle while having 0.10 percent or more by weight of alcohol in the blood, in violation of SDCL 32-23-1. We affirm the conviction.

On December 20, 1984, at approximately 3:00 a.m., while on routine patrol in Howard, South Dakota, police officer Charles Addy (Addy) came upon a vehicle parked in an alley. Addy testified that although the vehicle was not running, the front windshield was partially defrosted, and therefore he investigated. He obtained ownership information on the vehicle and…