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Legal Opinion

State v. Vandergrift

South Dakota Supreme Court

Decided July 19, 1995No. 18776PublishedCited by 7 opinions

1Opinion of the CourtSabers, Justice

Gale Vandergrift was charged with driving under the influence (DUI). She refused a blood alcohol test (BAT) after being advised of the implied consent law. However, a BAT was conducted for medical purposes and released to the State without her consent. The trial court suppressed the results of the BAT after a pre-trial motions hearing and the State petitioned for discretionary appeal. We reverse and remand for further proceedings.

FACTS

Vandergrift was in an automobile accident in Brookings, S.D. at approximately 4:00 p.m. on January 22, 1994. While attempting to make a left turn, she struck an…

2Cases cited8 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State v. Big HeadSouth Dakota Supreme Court · 1985
  3. State v. HitchensSupreme Court of Iowa · 1980
  4. State v. JonesSouth Dakota Supreme Court · 1994
  5. State v. HartmanSouth Dakota Supreme Court · 1977

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

3Cited by7 opinions

  1. People v. Borchard-RuhlandMichigan Supreme Court · 1999
  2. State v. RainsSupreme Court of Iowa · 1998
  3. Matter of Estate of TallmanSouth Dakota Supreme Court · 1997
  4. State v. VandergriftSouth Dakota Supreme Court · 1997
  5. State v. SmithCourt of Appeals of Washington · 1997

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

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