Justia South Dakota Supreme Court Opinion Summaries

Donald Blazer was involved in a vehicle accident and voluntarily submitted to a preliminary breath test (PBT), which showed a blood alcohol content of .102 percent. However, he refused to submit to a blood draw. The South Dakota Department of Public Safety (Department) notified Blazer of its intent to disqualify his commercial driver’s license (CDL) for life, citing this refusal as a second violation of SDCL 32-12A-36, with the first being a 2014 DUI conviction. Blazer requested an administrative hearing, and the Department affirmed the disqualification of his CDL for life.Blazer appealed to the circuit court, which reversed the Department’s decision. The circuit court concluded that Blazer’s voluntary submission to the breath test constituted a submission to a chemical analysis, meaning his refusal to submit to the blood draw could not result in the disqualification of his CDL. The Department then appealed to the South Dakota Supreme Court.The South Dakota Supreme Court reviewed the case and reversed the circuit court’s decision. The Court held that under SDCL 32-23-1.2, a preliminary breath test (PBT) is permitted and may be required in addition to a chemical test. The Court determined that Blazer’s refusal to submit to the blood draw constituted a refusal to submit to a chemical analysis as required by SDCL 32-12A-46. This refusal was a second violation under SDCL 32-12A-36, justifying the disqualification of Blazer’s CDL for life under SDCL 32-12A-37. The Court emphasized that a PBT is a preliminary test and does not fulfill the requirement for a chemical analysis under the implied consent laws. View "Blazer v. Department of Public Safety" on Justia Law

The case involves Scotlynn Transport, LLC and Plains Towing and Recovery, LLC, disputing the ownership of a semi-tractor. The semi-tractor, owned by Scotlynn, was involved in an accident and subsequently towed by Plains Towing to its impound lot. After Scotlynn paid for the towing services and took possession of the trailer, the semi-tractor remained at the impound lot. Plains Towing, considered a "removal agency" under South Dakota law, sent a notice to Scotlynn and later acquired the title to the semi-tractor using the statutory procedure outlined in SDCL 32-36-8 and 32-36-9. Scotlynn initiated a lawsuit against Plains Towing, alleging several claims related to the disputed ownership of the semi-tractor.The Circuit Court of the Fourth Judicial Circuit, Meade County, South Dakota, granted Plains Towing's motion for summary judgment, concluding that Plains Towing had complied with SDCL 32-36-8 and lawfully obtained the title to the semi-tractor. Scotlynn appealed, arguing that there were genuine issues of material fact relating to claims raised in Scotlynn’s complaint that were not addressed by the court.The Supreme Court of the State of South Dakota partially reversed and affirmed the lower court's decision. The court found that there were genuine issues of material fact concerning the existence of an implied contract between the parties regarding the storage of the tractor. However, the court agreed with the lower court that the "drafting errors" Scotlynn alleged were contained in the notice would not, themselves, preclude obtaining the title under SDCL 32-36-9. The case was remanded for further proceedings consistent with the court's holdings. View "Scotlynn Transport, LLC v. Plains Towing and Recovery, LLC" on Justia Law