Legal Opinion
Peterson v. State
South Dakota Supreme Court
Decided December 30, 1977No. 12092PublishedCited by 51 opinions
1Opinion of the Court
PORTER, Justice.
This case involves the South Dakota Implied Consent Law.1 The issue presented is *407whether the driver’s later offer to take the chemical test nullified his earlier refusal to take the test when requested to do so by the arresting officer. If his conduct did not constitute a refusal of the test, his license to drive may not be revoked.
RELEVANT FACTS
Respondent Peterson was arrested for DWI, in violation of SDCL 32-23-1, in Sturgis, on February 2, 1976, at 7:35 p.m. The arresting officer asked him to submit to a chemical analysis of his breath, and advised him of his rights in…
2Cases cited26 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Breithaupt v. AbramSupreme Court of the United States · 1957
- People v. SudduthCalifornia Supreme Court · 1966
- Toms v. StateCourt of Criminal Appeals of Oklahoma · 1952
- Blow v. Commissioner of Motor VehiclesSouth Dakota Supreme Court · 1969
21 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- State v. SensingTennessee Supreme Court · 1992
- Standish v. Department of RevenueSupreme Court of Kansas · 1984
- State v. FierroSouth Dakota Supreme Court · 2014
- Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 2011
- Department of Licensing v. LaxWashington Supreme Court · 1995
46 more not listed; retrieve them via the Exa API.