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Spearfish Criminal Defense Blog

The Empire Strikes Back

Now, in galaxy right here, the saga of legalized marijuana in South Dakota delivered a rollback to the days of prohibition. Despite South Dakota voters approving Constitutional Amendment A by a percentage vote of 56% to 46%, the South Dakota Court system has...

Amendment A is ratified, now what?

On November 3, 2020, South Dakota voters approved to legalize cannabis for both recreational (Amendment A) and medical (IM26) purposes.  Long-believed to be one of the last states to legalize marijuana, the Mount Rushmore State's citizens voted to legalize...

3 ways a DUI can affect motorcyclists

Summer is officially here, and if you own a motorcycle, you look forward to spending long hours on the open road. A South Dakota summer means the perfect weather to ride your bike through the Black Hills area and beyond. But if you choose to drink when you drive, you...

Penalties for South Dakota drug offenses

As a resident of South Dakota, you may know that the state has among the nation's strictest drug possession laws. Although lawmakers have proposed reforms, these changes remain in progress. Learn more about the potential legal penalties if you or a family member faces...

Marijuana-related crimes and penalties

South Dakota has strict laws against marijuana. State law reads, “No person may knowingly possess marijuana,” and legislators mean it. South Dakota does not even honor medical marijuana prescriptions from other states. If you are being questioned about any...

What are my rights at a traffic stop?

Every day, law enforcement officers pull over drivers in traffic stops in the Black Hills. Perhaps, police stop you because you ran a red light or have a broken taillight. Or maybe an officer sees you driving erratically and suspects you are driving drunk. When police...

How to fight a DUI in South Dakota

A couple of drinks can get you into trouble if you get behind the wheel. Even if your blood alcohol was below the legal limit of 0.08%, a court can convict you if it finds you were driving under the influence. A DUI conviction comes with severe penalties that have a...

South Dakota DUI penalties

South Dakota considers driving under the influence of drugs or alcohol a Class 1 misdemeanor. Offenders can receive fines, license revocation and even jail time. South Dakota is an implied consent state, which means that drivers must submit to blood alcohol testing in...