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...
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Marijuana
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...
Do you have a duty to retreat before acting to defend yourself?
Unless you have attended self-defense training, it is hard to predict how you will react when facing a threat. When someone brandishes a weapon, hits you or verbally threatens you, you may freeze. Some people's first response is to try to leave the situation, while...
DUI fatality: Can drunk driving become a homicide?
Drunk driving can have serious repercussions, especially when it results in death. Depending on the circumstances, DUI can sometimes lead to homicide charges. In South Dakota, a drunk driver who causes death to another person faces Class 3 felony charges. If...
Can you transport legal drugs over state lines?
Those who are accused of drug trafficking or intent to distribute are sometimes caught while moving illegal drugs over state lines or across the country. It’s very clear that something like this is prohibited, and it can lead to more serious ramifications than simple...