He didn’t have the keys in the ignition and he didn’t intend to drive but a 54-year-old Montrose man was convicted of DUI and now he’s appealing to the South Dakota Supreme Court.
Donald Nekolite was drinking at the Battle Creek Bait Shop in Canistota in September 2012. Nekolite’s girlfriend was the designated driver. Nekolite went to get cigarettes out of his pickup and he bumped the manual gear shift into neutral and the pick up rolled back into another vehicle.
Nekolite’s blood alcohol level was 0.284 but his girlfriend, who was the designated driver, didn’t have any alcohol in her system. Officers investigated and arrested Nekolite for DUI and said he was in ‘actual physical control’ of his pickup.
Nekolite is now appealing the conviction to the South Dakota Supreme Court and asking the justices to rule on if he was in physical control of the vehicle.