[DOWNLOAD] "State South Dakota v. Ronald J. Remacle" by Supreme Court of South Dakota " eBook PDF Kindle ePub Free
eBook details
- Title: State South Dakota v. Ronald J. Remacle
- Author : Supreme Court of South Dakota
- Release Date : January 16, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
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 approached it, observing the driver's window was down several inches and someone was slumped over in the driver's seat. Addy stated he also saw a beer can on the front floor near the passenger's seat and detected a strong odor of alcohol coming from the open window. He recognized the occupant as the owner, Ronald J. Remacle (appellant), woke him, and asked him if he was all right. Appellant said he was okay and asked to be left alone, declining Addy's offer to drive him home. Addy stated appellant's speech was slurred and the keys were in the car's ignition. The temperature was approximately fifteen degrees.
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