Beare v. Smith

This appeal involves another facet of our implied consent law. SDC 1960 Supp. 44.0302-2. The Commissioner of Motor Vehicles revoked the drivers license of Warren George Beare for refusing to submit to a blood test. Beare petitioned the circuit court for a de novo hearing on the matter, and after hearing, the court determined Beares license was not subject to revocation and vacated the Order of Revocation. The Commissioner appeals.