One thing is certain - you cannot prevail in a DUI case if your lawyer fails to recognize and raise important issues!
The purpose of this information is not to list every possible defense that could arise in a DUI case. Rather, the purpose is to show that there are several potential legal defenses in South Dakota.
Five Ways You Can Lose A Winnable DUI Case In South Dakota
#1 – Invalid Stop
The South Dakota Supreme Court has found that a law enforcement officer must have “reasonable suspicion” of a criminal or traffic offense to stop a vehicle. If an officer does not have “reasonable suspicion,” then the charge must be dismissed.
#2 – No Probable Cause To Arrest
The South Dakota Supreme Court has also found that a law enforcement officer must have “probable cause” of a criminal or traffic offense to arrest a person. If an officer does not have “probable cause,” then the arrest is improper.
#3 – An Anonymous Tip From Another Person
Everyone has a mobile telephone. In South Dakota, a law enforcement officer can rely on an anonymous tip if the tip is determined to be “reliable.” The tip’s degree of “reliability” depends on the amount and quality of the tipster’s information.
#4 – Entrapment
Entrapment occurs when the government induces a person to commit a crime that he wouldn’t otherwise have committed. In South Dakota, the test for entrapment is whether the intent to commit the crime started with the accused or with the state. Under this test, entrapment exists if the evidence shows that the accused was not predisposed to commit the crime, but instead was “an innocent person lured into committing a crime.”
#5 – Double Jeopardy
The Double Jeopardy Clause of the United States Constitution and South Dakota Constitution declares that no person can be tried for the same offense more than once. Double jeopardy protects against (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense.