State v. Bettelyoun
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In these three consolidated appeals the Supreme Court held that the State has discretion to charge juveniles under the provisions of either S.D. Codified laws 32-23-1 or S.D. Codified Laws 32.23-21.
Defendants, all minors under the age of eighteen, were charged as adults in separate cases for driving a vehicle with a blood alcohol content (BAC) of more than .08, in violation of section 32-23-1(1). Each defendant filed a motion to dismiss, claiming that their status as juveniles stripped the magistrate courts presiding over their cases of jurisdiction. The magistrate courts dismissed the motions, and the circuit courts affirmed. The Supreme Court affirmed, holding that Defendants failed to support their argument that the language of the relevant statutes prevents the State from charging them in magistrate court with violations of section 32-23-1.
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