Traffic Violations in South Dakota

According to South Dakota road traffic laws, a traffic violation may be described as any unlawful act committed by the driver of a motor vehicle while operating the said vehicle on a public road. These acts may range from simple offenses like speeding or failing to yield to more severe crimes, such as DUI or hit and run. Regardless of the severity of the offense, all traffic violations are punishable by law and may result in fines, points added to the motorists driving record, and even jail time.

The provisions for road use in South Dakota are as specified by the South Dakota traffic code. The South Dakota Highway Patrol monitors road use, and erring motorists are prosecuted by the South Dakota Attorney General's Office. The details of an offender's violation may be included in their South Dakota traffic record, and these records are available for public access unless sealed or restricted by a court order.

Types of Traffic Violations in South Dakota

Traffic violations in South Dakota can be classified as either moving or non-moving violations. Moving violations occur while the vehicle is in motion. They include offenses such as speeding, running a red light, or illegal turning. Non-moving violations, on the other hand, occur when the vehicle is not in motion, such as parking in a handicapped spot (without a permit) or displaying expired registration.

In South Dakota, traffic violations may also be categorized as either major or minor offenses. The South Dakota Department of Public Safety designates certain violations as major offenses, which are generally more severe in nature and result in harsher penalties. Examples of major traffic offenses include driving under the influence (DUI), hit and run, vehicular homicide, and drag racing. On the other hand, minor traffic offenses are typically less severe and result in lighter penalties. Some examples of minor traffic offenses include illegal parking, speeding, and failure to yield.

South Dakota Traffic Violation Code

The South Dakota traffic violation code is codified in Chapter 32 of Title 32 of the South Dakota Codified Laws. The code was established to provide uniform rules governing the operation of vehicles on the state's highways and to promote safety. The code includes provisions on speed limits, right-of-way, passing, turning, parking, and other traffic regulations. According to the code, violators are subject to fines and other penalties. The code is enforced by the South Dakota Highway Patrol and local law enforcement agencies.

South Dakota Felony Traffic Violations

There are several traffic offenses in South Dakota that can be classified as felonies. Examples of these offenses include vehicular homicide, hit and run resulting in death or injury, and DUI causing death or serious bodily injury.

In South Dakota, vehicular homicide is deemed a Class 3 felony, punishable by a 15-year jail term and a fine of up to $30,000. If the offense results in the death of more than one person, it is classified as a Class 2 felony, punishable by up to 25 years in prison and a fine of up to $50,000.

A Hit and run resulting in death or injury is also a felony offense in South Dakota. If the victim dies due to the hit and run, the offender can be charged with a Class 3 felony, punishable by up to 15 years in prison and a fine of up to $30,000. If the victim suffers serious bodily injury, the offender can be charged with a Class 5 felony, punishable by up to 5 years in prison and a fine of up to $10,000.

DUI causing death or serious bodily injury is also a felony offense in South Dakota. If the offender's blood alcohol content (BAC) is 0.08% or higher and they cause the death of another person, they can be charged with a Class 3 felony, punishable by up to 15 years in prison and a fine of up to $30,000. If the offender's BAC is 0.17% or higher and they cause serious bodily injury to another person, they can be charged with a Class 4 felony, punishable by up to 10 years in prison and a fine of up to $20,000.

Generally speaking, a traffic misdemeanor becomes a traffic felony when it results in death or serious bodily injury to another person. The specific penalties will depend on the particular offense and the circumstances of each case.

South Dakota Traffic Misdemeanors

In South Dakota, a traffic misdemeanor is defined as a criminal offense punishable by imprisonment of not more than one year or by a fine of not more than $2,000. Some examples of misdemeanor offenses in South Dakota include but are not limited to; driving under the influence (DUI), and reckless driving. Misdemeanor offenses are typically less severe than felony offenses and carry lighter penalties.

The severity of a misdemeanor offense will determine the corresponding penalties. For example, a first-time DUI offense is typically classified as a Class 2 misdemeanor, which carries a maximum sentence of 30 days in jail or a fine of $500. A second DUI offense within ten years of the first offense is classified as a Class 1 misdemeanor, which is punishable by up to one year in jail and a fine of $2,000.

A misdemeanor offense can be upgraded to a felony offense in some cases. This typically occurs when the offender has prior convictions on their record or when the offense was particularly egregious. For example, a third DUI offense within ten years is classified as a Class 6 felony, which carries a maximum sentence of two years in prison and/or a fine of (up to) $4,000.

South Dakota Traffic Infractions

There are a variety of traffic infractions one can commit in South Dakota. Some examples of these infractions include; speeding, running a red light, and making an illegal turn. The severity of the infraction will determine the penalty that is issued. For example, a speeding ticket will typically result in a fine, while more severe infractions such as DUI or hit and run may result in jail time. In some cases, an infraction may be upgraded to a misdemeanor charge if the offender has multiple violations or if the violation resulted in bodily harm.

South Dakota Traffic Violation Codes and Fines

South Dakota traffic violations, their codes in the state's traffic statutes, and their respective fines:

Reckless driving: SDCL 32-23-1 - A motorist commits the crime of reckless driving if they drive a vehicle in willful or wanton disregard for the safety of persons or property. The fine for this offense is $500 or more.

Driving under the influence: SDCL 32-23-2 - It is unlawful for a person to drive a vehicle within South Dakota while under the influence of alcohol or drugs. The fine for this offense is $500 or more.

Refusal to submit to a chemical test: SDCL 32-23-7 - Any person who operates a vehicle within the state consents to submit to a chemical test or the purpose of determining the alcoholic content of their blood pursuant to - It is unlawful for a person to refuse a chemical test. The fine for this offense is $500 or more.

Failure to maintain financial responsibility: SDCL 32-35-6 - It is unlawful for any person to operate a motor vehicle on any highway in this state without maintaining continuous financial responsibility as required by law. The fine for this offense is $200 or more.

Driving while license revoked or suspended: SDCL 32-12-66 - No person whose driver's license or driving privilege has been revoked or suspended shall operate a motor vehicle upon the highways of this state during the period of revocation or suspension. The fine for this offense is $500 or more.

Failure to stop and render aid: SDCL 32-24-7 - Motorists who fail to stop and render aid following an accident may be fined $500 or more.

Failure to yield right-of-way: SDCL 32-21-3 - The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle that has entered the intersection from another highway. That is, provided that the driver of the first-mentioned vehicle is not required to yield the right-of-way under this section if such driver is making a left turn at such an intersection. The fine for this offense is $100 or more.

Speeding: SDCL 32-27-1 - No person shall drive a vehicle on a highway in this state at a speed greater than is reasonable and prudent under the existing conditions. The fine for this offense is $50 or more.

Failure to use proper child restraints: SDCL 32-33-1 - It is unlawful for any person to operate a motor vehicle on any highway in this state while transporting a child (under 7 years and 60 pounds) that is not restrained by a properly adjusted and fastened safety seat belt or by a properly installed and used child passenger restraint system meeting the requirements of federal motor vehicle safety standards. The fine for this offense is $25.

Careless driving: SDCL 32-26-1 - No person shall drive any vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection, and at a rate of speed to endanger the life, limb, or property of any person. The fine for this offense is $100.

Driving while impaired: SDCL 32-23-1 - It is unlawful for a person to drive a vehicle within this state while the consumption of alcohol or drugs impairs their ability to drive. The fine for this offense is $500 or more.

Driving under the influence: SDCL 32-23-2 - It is unlawful for a person to drive a vehicle within this state while under the influence of alcohol or drugs. The fine for this offense is $500 or more.

Open container violations: SDCL 32-23-7 - It is unlawful for any person to have in their possession an open container of alcohol while operating a motor vehicle on any highway in this state. The fine for this offense is $100 or more.

Seat belt violations: SDCL 32-35-4 - No person shall operate a motor vehicle on any highway in this state unless such person and all passengers sixteen years of age or older are properly restrained by a safety seat belt system meeting the requirements of federal motor vehicle safety standards. The fine for this offense is $25 or more.

How to Pay a Traffic Violation Ticket in South Dakota

In South Dakota, offenders who are issued traffic tickets can pay them online, by mail, or in person.

To pay a South Dakota traffic ticket online, the offender will be required to visit the South Dakota Unified Judicial System website and enter their ticket number. They will then be able to pay using a credit or debit card. Alternatively, requesters may be able to pay by echeck.

To pay a traffic ticket via mail, the offender will need to send their payment to the address listed on their traffic ticket. The ticket payment may be a check or money order made out to the 'Clerk of Courts' to the address listed on the traffic ticket.

To pay the ticket directly to the state DMV, mail the ticket payment to the following address:

Driver Licensing
118 West Capitol Avenue
Pierre, SD 57501

Those who opt to pay their traffic ticket in person will need to take their payment to the clerk of court's office in the county where they received their traffic ticket. The payment can be made via cash, check, or money order.

Offenders who do not pay their traffic ticket within 30 days of receiving it will have their licenses suspended. In addition, failure to appear for a scheduled court date may result in a warrant being issued for their arrest.

Traffic Violation Lookup in South Dakota

There are two main ways to look up traffic violations in South Dakota: online and in person.

To look up traffic violations online, interested persons may visit the South Dakota Department of Public Safety's website. Once there, they will need to enter their driver's license number and date of birth. This information will allow the system to pull up their driving record. Subsequently, they will be able to see any traffic violations that have been recorded.

Inquirers may also visit their local county courthouse to look up traffic violations in person. Once there, the requestor can provide the clerk with their driver's license number and date of birth. The clerk will then be able to provide their driving record and any traffic violations that have been recorded.

Interested persons may also look up traffic violations via the SD Highway Patrol website or the South Dakota DMV website.

How to Plead not Guilty to a Traffic Violation in South Dakota

If a motorist receives a traffic violation in South Dakota, they have the option to plead not guilty. Pleading not guilty means that the individual denies that they committed the offense.

There are a few implications of pleading not guilty to a South Dakota traffic violation:

The motorist will have to appear in court. The court will then hear both sides of the story and decide. If the court determines that the individual is guilty, they will be required to pay the fine associated with the traffic violation.
Pleading not guilty could result in a higher fine. This is because if the court finds the individual guilty, they may view the offense as more severe since the individual contested it.

It is important to note that pleading not guilty will not remove points from the motorist's license. In South Dakota, points are added to a driver's license for certain violations. These points stay on the record for two years and can lead to an increase in insurance rates.

While pleading not guilty has some implications, it is still the motorist's right to choose how to plead. If the individual believes that they did not commit the offense, they should consider pleading not guilty.

To plead not guilty to a traffic citation in South Dakota, the offender can do any of the following:

Plead not Guilty by Mail

The South Dakota Department of Public Safety offers a not guilty by mail option for certain violations. The benefit of pleading not guilty by mail is that the offender does not have to appear in court. Instead, they can send in their plea by mail.

To plead not guilty by mail, the offender must:

Complete the plea form, which can be found on the South Dakota Department of Public Safety website.
Include a check or money order for the fine amount listed on the citation. If pleading not guilty to multiple violations, include a check or money order for each individual violation.
Mail the not guilty by mail form and payment to:

South Dakota Department of Public Safety
Office of Hearing Examiners
118 West Capitol Avenue
Pierre, SD 57501-2000

Pleading not guilty by mail is only an option for certain violations. The South Dakota Department of Public Safety website provides a list of violations that can be pleaded not guilty by mail.

Plead not Guilty in Person

Another option for pleading not guilty is to appear in court on the date listed on the citation. At the court appearance, the offender will have the opportunity to explain their side of the story to the judge. The judge will then proceed to make a decision.

If the offender cannot appear in court on the date listed, they can send a written request to have their appearance rescheduled.

The written request must be sent to:

South Dakota Department of Public Safety
Office of Hearing Examiners
118 West Capitol Avenue
Pierre, SD 57501-2000

Plead Guilty with an Explanation

The final option is to plead guilty with an explanation. Pleading guilty with an explanation means that the offender is admitting to the offense but would like to explain the circumstances surrounding the violation.

For example, if a driver was speeding because they were late for work, they could plead guilty with an explanation, and the judge may decide to give a lighter sentence.

Pleading guilty with an explanation can be done in person or by mail. To plead guilty by mail, the offender must:

Complete plea form for guilty with an explanation form available on the South Dakota Department of Public Safety website.
Include a check or money order for the fine amount listed on the citation. If pleading guilty to multiple violations, include a check or money order for each individual violation.
Mail the guilty with an explanation form and payment to the office of the hearing examiners in the South Dakota Department of Public Safety.

What Happens if You Plead No Contest to a Traffic Violation in South Dakota?

If a motorist pleads no contest to a traffic violation in South Dakota, they will be found guilty and will be required to pay any applicable fines or fees. Additionally, their driver's license may be suspended for some time, depending on the severity of the offense. If the offender is a commercial driver, their CDL may also be revoked. The offender may also be required to complete a defensive driving course.

A no-contest plea is not usually recommended when contesting a traffic violation. This is because pleading no contest has the same effect as pleading guilty, but it doesn't require the offender to admit guilt.

How Long Do Traffic Violations Stay on Your Record?

In South Dakota, most traffic violations will remain on the offender's driving record for three years. However, some offenses, such as DUI or hit and run, may stay on the record for up to seven years. Motorists with multiple violations on their record are likely to have these violations remain for much longer. To get a traffic violation off a driving record sooner, the offending motorist may consider taking a defensive driving course. Completing a defensive driving course will not remove the violation from the record, but it will show that they are taking steps to become a safer driver. Additionally, if the motorist maintains a clean driving record for three years, they may be able to have the violations expunged or deleted. To do so, they will need to submit a request to the South Dakota Department of Public Safety.

Can Traffic Violations Be Expunged or Sealed in South Dakota?

Yes, traffic violations can be expunged or sealed in South Dakota. A motorist can petition to have a traffic violation expunged by filing a Petition for Expungement with the court that issued the conviction. The court will then hold a hearing on the matter and decide whether or not to grant the expungement. If the court grants the expungement, the conviction will be removed from the motorist's record. However, if the court denies the expungement, the conviction will remain on the motorist's record.

To be eligible to have a traffic record sealed or expunged in South Dakota, the requesting party must:

Be twenty-one (21) years of age or older, unless the offense was committed while the person was a juvenile;
Not currently be on probation or serving a sentence for any other offense; and
Not have been convicted of more than three (3) traffic offenses in the past five (5) years.

If the applicant meets the above criteria, they may file a Petition for Expungement with the court that issued the conviction. The court will then hold a hearing on the matter and decide whether or not to grant the expungement. If the court grants the expungement, the conviction will be removed from the motorist's record.

What Happens if You Miss a Court Date for a Traffic Violation in South Dakota?

If an offender misses a court date for a traffic violation in South Dakota, a bench warrant may be issued for their arrest. The offender will then have to appear before a judge to explain why they missed their court date and may face additional penalties, such as fines or jail time. If the offender fails to appear in court again, they may be subject to a more severe charge of contempt of court.