User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


72° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

Can DUI Blood Draw Decision Impact Past Cases?

March 25, 2014, 4:48 PM by Ben Dunsmoor

Can DUI Blood Draw Decision Impact Past Cases?
VERMILLION, SD -

The highest court in South Dakota is being asked if a U.S. Supreme Court ruling can impact past drunk driving arrests.

Donovan Siers was arrested for his third DUI in 2008 and his blood alcohol level was nearly three times the limit.

Last year, the U.S. Supreme Court ruled in a case called Missouri v. McNeely that officers need the suspect's consent or a warrant to draw blood.

Siers didn't give his consent and officers took his blood anyway without a warrant.  Now he's appealing his conviction to the South Dakota Supreme Court.

READ STORY: DUI Appeal Could Change SD DUI Arrests

"He's asking for McNeely to be applied retroactively," Siers' attorney Mark Kadi said.

Kadi argued in front of the South Dakota Supreme Court Tuesday that the McNeely case should apply and that officers needed a warrant to draw Siers' blood. Kadi believes McNeely should apply to DUI cases past and present.

"What we have here is a new case but we have an old rule coming through a new case so I think that is different," Kadi said.

The South Dakota Attorney General's Office argues that the McNeely decision only applies to cases going forward.

"In South Dakota, McNeely was a change of law," Assistant South Dakota Attorney General Jeffrey Hallem said.

They argue that the McNeely decision should not be applied retroactively.

"Now, applying that after the fact - armchair quarterbacking - that is exactly what this court's decisions regarding retroactivity prohibit," Hallem said.

And it will be up to the justices to make the final decision on how to handle the ruling from the highest court in the country.

The South Dakota Attorney General’s Office argues that if the case is applied retroactively, it could 'open the floodgates' for cases across the state.

Previous Story

Next Story


Comments







 
Find Local Businesses on KELO Pages!

View news

You may also like

Two People Go To Hospital Following Fight

7/28/2014 11:30 AM

Sioux Falls Police say a large fight behind the Best Buy store on 41st Street landed two people in the hospital early Sunday morning.

Full Story
Fmr. Walworth State's Attny. Charged With Rape

7/30/2014 1:27 PM

The former Walworth County State's Attorney has been arrested and charged with three counts of first-degree rape.

Full Story
Clerk Hurt During Attempted Robbery

7/27/2014 8:07 AM

Sioux Falls police are investigating an early morning attempted armed robbery that injured a clerk at a west-side convenience store.

Full Story
Two 16-Year-Olds Arrested In Vandalism Spree

7/25/2014 11:30 AM

According to Sioux Falls Police, two 16-year-olds were arrested overnight after a vandalism spree.

Full Story
Severe Thunderstorm Hits Corsica

7/26/2014 5:55 PM

Severe storms dropped heavy rain and large hail today in many parts of KELOLAND.

Full Story | Watch


Events