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Legal Opinion

Beare v. Smith

South Dakota Supreme Court

Decided February 25, 1966No. File 10242PublishedCited by 40 opinions

1Opinion of the Court

HOMEYER, Judge.

This appeal involves another facet of our implied consent law. 1 SDC 1960 Supp. 44.0302-2. The Commissioner of Motor Vehicles revoked the driver's license of Warren George Beare for refusing to submit to a blood test. Beare petitioned the circuit court for a de novo hearing on the matter, and after hearing, the court determined Beare's license was not subject to revocation and vacated the Order of Revocation. The Commissioner appeals.

Beare was slightly injured in an automobile accident in Sioux Falls on December 29, 1964, and was taken by ambulance to McKennan hospital where he…

2Cases cited8 opinions

  1. Prucha v. Department of Motor VehiclesNebraska Supreme Court · 1961
  2. State v. BattermanSouth Dakota Supreme Court · 1961
  3. Chmelka v. SmithSouth Dakota Supreme Court · 1964
  4. Stensland v. SmithSouth Dakota Supreme Court · 1962
  5. Garrey v. SchniderSouth Dakota Supreme Court · 1960

3 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State v. StarnesOhio Supreme Court · 1970
  2. Blow v. Commissioner of Motor VehiclesSouth Dakota Supreme Court · 1969
  3. Finley v. OrrCalifornia Court of Appeal · 1968
  4. Buda v. FultonSupreme Court of Iowa · 1968
  5. Smith v. CadaCourt of Appeals of Arizona · 1977

35 more not listed; retrieve them via the Exa API.

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