The South Dakota Supreme Court has overturned a drunken driving conviction for a Montrose man who accidently bumped his parked truck into neutral while reaching for a cigarette almost two years ago.
54-year-old Donald Nekolite was charged with DUI while out dancing with his girlfriend in Canistota in September of 2012.
A Supreme Court opinion released Thursday says Nekolite was standing outside his truck on the passenger side when he bumped the shifter.
Two lower courts both ruled Nekolite had actual physical control of his truck while intoxicated. The Supreme Court says he couldn't have operated the truck in the usual way from where he was.
Nekolite's defense attorney Mike Unke says the ruling gives helps better define to when someone can be charged for drunken driving in South Dakota.
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