When it comes to DUIs, most people would associate them with drunk driving. The nature of the charge, however, is one of driving while under the influence. This can be drink or drugs, including marijuana. If you get pulled over in South Dakota for driving impaired and...
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Is a lack of serious injuries a defense to assault charges?
Assault is one of the more common violent offenses levied against people in South Dakota. Those involved in a violent attack or a mutual fistfight might eventually face assault charges. State law makes it illegal to intentionally cause harm to another person in most...
Can you face assault charges when no one got hurt?
There are many situations in which people lose their calm and end up engaging in inappropriate acts of physical aggression. Some of those reasons are legal, but many of the most common explanations for interpersonal violence can lead to criminal charges. The situation...
2 reasons you could get arrested for a DUI after a big game
Maybe you are a college student and you get pulled over on your way home from attending a school basketball game. Perhaps you traveled across the state to attend a professional sporting event with friends, only to end up arrested and accused of a driving under the...
It’s still illegal to possess marijuana for recreational use
Every election year brings new propositions to the citizens of a state to legalize marijuana for recreational use. Currently, 27 states have fully legalized the recreational use of marijuana. However, South Dakota is not one of them. Measure 27 failed to pass by...
You can get a DUI without a traffic stop
Many people believe that driving under the influence (DUI) charges can only occur if an officer pulls them over with reasonable suspicion. Which, then, may lead the officer to perform a breath test on the suspect. And, only if the driver's BAC is 0.08% or above, may...
What South Dakota parents should know about underage DUIs
No one wants their teen to begin their years of driving with a DUI. However, that happens to all-too-many newly minted drivers. It’s important for them (and you) to remember that it’s illegal for anyone under the legal drinking age of 21 to have a blood alcohol...
How does suspended Imposition work in South Dakota DUI cases?
In South Dakota, there is a principle called Suspended Imposition. It is intended to be used in situations where a first-time offender pleads guilty to an offense. An example of the kind of offense where it may be available is a first-time DUI without any additional...
3 times police don’t need a warrant
Many people assume that police officers always need a warrant if they conduct a search, seize property or arrest someone. While it’s true that officers need warrants in many cases, there are some in which they don’t. Understanding a bit about this can help people who...
Can evidence be suppressed in a drug case?
Drug charges can threaten your future, especially if you’re charged for trafficking or intent to distribute. Often, when the prosecutors have evidence against you, the situation may seem hopeless -- but that's not necessarily the case. A valid part of any defense...