When police officers initiate a traffic stop for suspected drunk driving, the behavior of the driver could be what gives them probable cause. Someone swerving over the center line in the road, erratically breaking for no perceivable reason or responding strangely to...
Sioux Falls Criminal Defense Blog
A grower’s guide under Amendment A in South Dakota
South Dakota Constitutional Amendment A is still being considered by the state Supreme Court. This amendment has been called the Marijuana Legalization Initiative, as it would effectively legalize marijuana for recreational and medicinal use in South Dakota. So, if...
Can the police use DUI checkpoints in South Dakota?
DUI checkpoints have proven to be effective. They essentially allow police to talk to every driver coming down the road and, if needed, give them breath tests or field sobriety tests to see if they’re impaired. Not every driver gets tested, but the police do make some...
Understanding South Dakota’s marijuana laws
South Dakota has been slow to adjust to changing medical and cultural attitudes about marijuana. Even while states across the country started legalizing the drug, the state maintained its prohibition. Following the 2020 election, that changed. Amendment A passed by a...
Can police in South Dakota take your cash during a traffic stop?
Any encounter with police officers can have unfortunate outcomes. If they discover that your insurance has lapsed or claim that you drove faster than you should, you could face expensive tickets. A traffic stop can also throw off your schedule and make you late for...
How does a domestic violence protection order work?
If your partner accuses you of domestic violence, they could seek to place a protection order. If they succeed, this could severely limit your rights and impose unwanted changes on your life. Protection orders play a vital role in keeping people in danger safe. Yet,...
Are edibles the new spiked drink?
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...
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,...


