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.


65° 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!

 

DUI Appeal Could Change SD DUI Arrests

March 21, 2014, 9:49 PM by Ben Dunsmoor

DUI Appeal Could Change SD DUI Arrests
SIOUX FALLS, SD -

The South Dakota Supreme Court will hear a drunk driving appeal Tuesday that could change the way officers make DUI arrests.

Because of a US Supreme Court decision last year a repeat South Dakota drunk driver is now arguing that his constitutional rights were violated when he was arrested in 2008.

During every drunk driving arrest in South Dakota booking officers draw blood from the driver as evidence to determine the driver's blood alcohol content when he or she was behind the wheel.

"I believe the McNeely case would say they should try to get a warrant," Donovan Siers attorney Mark Kadi said.

Kadi will be representing Donovan Siers in front of the South Dakota Supreme Court Tuesday. Siers is in prison after he was convicted of his third DUI in 2009. He refused to give law enforcement his blood but they took it anyway.

"In this case Mr. Siers maintains that he was forcibly put into a chair, strapped in and blood was drawn without his consent by force," Kadi said.

In a case known as Missouri v. McNeely the US Supreme Court said officers can't do that - instead they must get the suspect's consent or get a warrant.

But South Dakota Attorney General Marty Jackley argues Siers' case happened four years before that decision.

"The issue in that case is whether or not the recent United States Supreme Court decision can affect that case. It's a case that arose before that decision, so it's whether or not that decision will have a retroactive effect or apply to all cases," Jackley said.

Kadi says the appeal could possibly affect nearly 400 cases in South Dakota. Jackley maintains that the state's current practice is constitutional.

"If you drive on our roads in South Dakota and you give actions that give rise to a belief, or probable cause, that you've been drinking you have to subject yourself to a blood test. That's what our legislature and governor have put into law," Jackley said.

A law that will be examined by the justices of the South Dakota Supreme Court Tuesday.

Kadi also argues that officers can obtain warrants easier now through text messages, emails, and phone calls.

Previous Story

Next Story


Comments







 
Find Local Businesses on KELO Pages!

View news

You may also like

Sutton Bay CEO Dies In UTV Rollover Crash

8/25/2014 2:34 PM

The CEO of Sutton Bay Resort in central South Dakota died after rolling his 2014 Polaris Ranger late Sunday night.

Full Story
Authorities Search For Missing Inmate

8/24/2014 10:43 AM

31-year-old Bridget Franzen failed to report to a work release job on Saturday, August 23.

Full Story
SF Mother, Daughter Admit To Large Drug Conspiracy

8/27/2014 10:54 AM

Faith Rasmussen, 21, and her 55-year-old mother Theresa Rasmussen admit they were bringing marijuana from California to South Dakota and distributing ...

Full Story
SF Drug Ring Involved 220 lbs. Of Marijuana

8/27/2014 5:48 PM

Her boyfriend was killed during a botched robbery in December in northwest Sioux Falls. Faith Rasmussen and her mother, Theresa, have now pleaded guil...

Full Story | Watch
Car vs. School Bus Crash Near Inwood, Iowa

8/26/2014 11:31 AM

Authorities in northwest Iowa are investigating a serious crash involving a car and a school bus.

Full Story


Events