For decades, alleged drunk drivers have claimed that they didn’t mean to drink and that someone must have spiked their drink. The counter to this, in many cases, is that detractors say they should have known they were drinking alcohol because it has such an obvious...
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What turns a simple assault into aggravated assault?
In South Dakota as elsewhere, crimes of physical violence often result in assault charges. Someone's arrest and the consequences for the other people involved will often determine what kind of charge the arrested individual faces. Assault has many categories under...
Just because drugs are legal doesn’t mean you can drive
You need to be careful when using any substances that may impair your ability to drive. Even if those substances are legal, that does not mean you can get behind the wheel. You could still face serious DUI charges, and telling the court that you misinterpreted the law...
Are you allowed to carry a handgun while you travel in your vehicle?
If you want to travel and take your weapon with you, then it’s a good idea to know the laws that will apply to you while you do. Depending on where you plan to go, you may be able to take your gun without violating any state or federal laws. In some states, though,...
A felony DUI could qualify you for the South Dakota drug courts
The United States modern criminal justice system does little to help people struggling with serious mental health and addiction issues. Instead of offering support, our system is designed to incarcerate away addiction. Drug and DUI courts are specialty courts that...
What should I say at a traffic stop?
If the police pull you over, you may feel like there is nothing you can do to change the traffic stop outcome. You may be surprised to learn that your actions during a traffic stop can help shape the outcome in your favor. When something like DUI charges is on the...
How do the South Dakota police decide who to arrest in a domestic violence dispute?
Allegations of domestic violence often stem from mutual confrontations rather than overt abuse. In a domestic abuse scenario, one spouse attacks first by verbally belittling the other. Intense fights between intimate partners or spouses can easily sound like domestic...
Legislation seeks to expand domestic violence gun restrictions
If someone accuses you of domestic violence, it could result in restrictions to your gun rights. Current federal legislation restricts you from owning a gun if convicted of domestic violence against a domestic partner, such as a spouse. Newly proposed legislation...
Can you turn around to avoid a DUI checkpoint in South Dakota?
Dealing with the police could throw you off your schedule or stress you out at the worst possible time. You don't have the option of choosing when a police officer pulls you over for something they perceive as a traffic violation. You will have to pull your vehicle...
Amendment A and Initiated Measure 26 make the news again
If you reside in the state of South Dakota, you have likely heard about Amendment A and Initiated Measure (IM) 26. Both measures revolve around the legalization of marijuana in the state. IM 26 centers on legalizing medical cannabis, while Amendment A proposes...