Ibrahim v. Department Of Public Safety
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The Supreme Court reversed the judgment of the circuit court reversing the judgment of the Department of Public Safety ordering Appellee's commercial driving privileges to be disqualified for one year, holding that commercial driver's license (CDL) disqualification under S.D. Codified Laws 32-12A-36(4) applies when a vehicle is used as a means to possess a felony quantity of marijuana.
The Department disqualified Appellee's commercial driving privileges for one year pursuant to 32-12A-36(4) because he had been convicted of a felony committed in a vehicle by a CDL holder. The circuit court reversed Appellee's CDL disqualification, holding that the statute requires that a vehicle was an "instrumentality" of the felony. The Supreme Court reversed and reinstated the Department's decision, holding (1) possession of a felony quantity of marijuana in a vehicle is "using a...vehicle in the commission of any felony" under section 13-21A-36(4); (2) the circuit court erred by holding that section 13-21A-36(4) was unconstitutionally vague; and (3) there was sufficient evidence to support the Department's disqualification of Appellee's CDL privileges.
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