Title 32 — MOTOR VEHICLES

Source: SL 1983, ch 249 .

[Repealed or reserved.]

The county highway superintendent of each organized county shall have authority to act in the capacity of a peace officer within the boundaries of the county in which he holds office, for the purpose of enforcement of all license and loading laws and traffic regulations governing…

A law enforcement officer arriving at the scene of a traffic accident may, based on probable cause, arrest or issue a summons to any person believed to have caused the accident by violating a criminal provision of this title. Any person assigned by a law enforcement agency to inv…

The duly elected or appointed law enforcement officers of this state, and their deputies, are hereby authorized to establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks on the highways of this state for the purpose of ident…

For the purpose of §§ 32-33-10 to 32-33-14 , inclusive, a temporary roadblock means any structure, device, or means used by the duly elected or appointed law enforcement officers of this state, and their deputies, for the purpose of controlling all traffic through a point on the …

For the purpose of warning and protecting the traveling public, the minimum requirements to be met by officers establishing temporary roadblocks, if time and circumstances allow are: (1) The temporary roadblock must be established at a point on the highway clearly visible at a di…

Any person who shall proceed or travel through a roadblock without subjecting himself to the traffic control so established shall be guilty of a Class 1 misdemeanor. Source: SL 1961, ch 149 , § 5; SL 1977, ch 189 , § 116.

Nothing in §§ 32-33-10 to 32-33-13 , inclusive, shall be deemed to limit, or encroach upon, the existing authority of South Dakota Law Enforcement Officers in the performance of their duties involving traffic control. Source: SL 1961, ch 149 , § 4.

An agent or employee of the Department of Transportation authorized by the secretary of transportation may, after receiving appropriate training, act in the capacity of a law enforcement officer within the state for the sole purpose of enforcing speed limits in areas of highway c…

The county highway superintendent of each organized county, and the boards of county commissioners in organized counties are empowered to act in their capacity as peace officers within the boundaries of their respective counties to enforce all laws and traffic regulations and the…

Whenever a criminal prosecution is instituted by the Division of Highway Patrol, or any of its agents, patrolmen, or employees, and it appears to the court in which such prosecution is instituted or maintained that any vehicle has been operated which does not conform to the provi…

The driver of any single or combination vehicle weighing in excess of ten thousand pounds gross vehicle weight, who fails to stop at or who knowingly passes or bypasses any state weighing station, upon any public highway, when the station is open and being operated by law enforce…

Any driver of a vehicle who intentionally fails or refuses to bring a vehicle to a stop, when given visual or audible signal to bring the vehicle to a stop, is guilty of failure to stop at the signal of a law enforcement officer. The signal given by the law enforcement officer ma…

Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from the law enforcement officer or attempts to elude the pursuit of the law enforcement officer is guilty of third degree eluding. Third degree eluding is a Class 1…

Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of second degree eluding if, at any time during the flight or …

Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer and does so in a manner that constitutes an inherent risk of death or se…

32-33-19.1

32-33-20 Unknown driver fleeing from police--Vehicle subject to civil penalty. 32-33-21 Enforcement of civil penalty--Lien. 32-33-22 Exemptions from lien--Superior security interests. 32-33-23

Except as otherwise specifically provided, whenever a person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall take the name and address of the person and the license number of his motor vehicle and driver's licens…

Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with a violation of § 32-22-16 or

If the defendant has given his promise to appear in court in accordance with § 32-33-2 and does not appear, the court may order or issue a bench warrant for his arrest and may assess costs of such issuance against the defendant in the sum of ten dollars. Source: SL 1987, ch 181 ,…

If the driver of a motor vehicle used in violation of § 32-33-18 is unknown, the vehicle is subject to a civil penalty of seven hundred dollars. Source: SL 1981, ch 250 , § 1; SL 2019, ch 138 , § 1.

The state's attorney for the county in which the violation of § 32-33-18 occurs may commence a civil in rem proceeding against a vehicle used in conjunction with a violation of §

The lien imposed under §§ 32-33-20 to 32-33-22 , inclusive, does not apply to vehicles which at the time of the violation are leased, loaned, or being used without the owner's permission and the lien is subordinate to a perfected security interest or lien registered on the title …

Transferred to §

Any person arrested for a violation of any provision of this title punishable as a misdemeanor has a right to a hearing within twenty - four hours. Such hearing shall occur at a convenient time and shall be before a magistrate or judge in the county where the arrested person is b…

Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person, nor to any person charged with reckless driving, nor to any person charged with driving while under the …

Any officer violating any of the provisions of §§ 32-33-1 to 32-33-4 , inclusive, shall be guilty of misconduct in office and shall be subject to removal from office. Source: SDC 1939, § 44.0502. 32-33-6 to 32-33-8. Repealed by SL 1974, ch 55 , § 50. 32-33-9. Omitted.

32-33-10 Establishment of temporary roadblocks. 32-33-11 Definition of temporary roadblock. 32-33-12 Requirements for establishing temporary roadblock--Warning signals. 32-33-13 Traveling through roadblock--Misdemeanor. 32-33-14 Existing law enforcement authority unaffected. 32-3…