- Associated Press - Friday, December 19, 2014

PIERRE, S.D. (AP) - A man convicted of abuse for driving 112 mph while intoxicated with three children in his vehicle has been unsuccessful in arguing to the South Dakota Supreme Court that the state law governing his offense is unconstitutionally vague.

The high court on Wednesday affirmed a lower court’s ruling against Douglas Myers’ argument. A South Dakota Highway Patrol trooper pulled over Myers for driving into the ditch and the median and later determined he was traveling more than 100 mph with three children in the car. Myers was later sentenced to five years in prison for abuse of a minor and a third-offense DUI.

The Supreme Court rejected Myers’ appeal on the constitutional challenge, saying that the statute was properly defined without allowing law enforcement too much enforcement discretion.

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