Legal Opinion

Blow v. Commissioner of Motor Vehicles

South Dakota Supreme Court

Decided January 27, 1969No. File 10501PublishedCited by 72 opinions

1Opinion of the Court

HOMEYER, Judge.

The Commissioner of Motor Vehicles has appealed from an order of the circuit court vacating the revocation of the driver's license of the petitioner, Harvey J. Blow, because of his refusal to submit to a chemical analysis of his blood under the Implied Consent Law, SDC 1960 Supp. 44.0302-2.

The narrow question presented for decision is whether Blow's request to talk to his attorney before he exercised his option to either consent or refuse a blood test is a basis for the trial court's determination that he did not refuse to submit to the- requested blood test. No contention is…

2Cases cited18 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Escobedo v. IllinoisSupreme Court of the United States · 1964
  3. Breithaupt v. AbramSupreme Court of the United States · 1957
  4. Gottschalk v. SueppelSupreme Court of Iowa · 1966
  5. Severson v. SueppelSupreme Court of Iowa · 1967

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3Cited by72 opinions

  1. Campbell v. Superior CourtArizona Supreme Court · 1971
  2. Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
  3. Spradling v. DeimekeSupreme Court of Missouri · 1975
  4. State v. FitzsimmonsWashington Supreme Court · 1980
  5. State v. StarnesOhio Supreme Court · 1970

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

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