Title 32 — MOTOR VEHICLES

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…

Each law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall, after receiving notice that an accident described in § 32-34-7 occurred, cause a notice to be affixed in a manner prescribed by the secretary of public safety…

The secretary of public safety may require drivers involved in accidents or peace officers to file supplemental reports of the accidents upon forms furnished by the Department of Public Safety whenever the original report is insufficient in the opinion of the secretary. Source: S…

The secretary of public safety shall have authority to adopt and provide a uniform accident report form to be used in the making of accident reports and shall adopt and provide a uniform notice as required by §

Reports pursuant to §§ 32-34-7 to 32-34-12 , inclusive, and the information contained in such reports is not privileged and may not be held confidential. The secretary of public safety shall collect four dollars for each request to locate a report on file. The secretary shall fur…

County or municipal law enforcement personnel may collect four dollars for each copy of an accident report furnished to any person by their office. Accident reports furnished to the Department of Public Safety pursuant to § 32-34-10 shall be provided at no cost to the state. For …

The person in charge of any garage or repair shop shall not commence repair on any motor vehicle which shows evidence of having been involved in a reportable accident or struck by any bullet unless the vehicle bears the notice provided for in §

The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck…

If none of the persons specified in § 32-34-3 are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of § 32-34-3 , insof…

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or ow…

Any driver of any vehicle involved in an accident resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of § 32-34-3 is guilty of a Class 6 felony, and the Department of Revenue shall re…

Any driver of any vehicle involved in an accident resulting in damage to property shall stop his vehicle at the scene of the accident and immediately give his name and address, and the name and address of the owner of the vehicle. If the damage is to another motor vehicle and the…

The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickes…

An accident report is not required from any person who is physically incapable of making such report during the period of such incapacity. Source: SDC 1939, § 44.0331 as added by SL 1961, ch 226 ; SL 1967, ch 193 .

If the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver. A viola…

Source: SL 1957, ch 212 , §§ 64, 68; SDC Supp 1960, §§ 44.03A64, 44.9945; SL 1984, ch 12 , § 9; SL 2003, ch 272 , § 23.

Terms used in this chapter, unless the context otherwise plainly requires, shall mean: (1) "Chauffeur," every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor …

The Department of Public Safety shall prescribe and provide suitable forms that are required or deemed necessary to administer the driver licensing and financial responsibility functions of this chapter. The Department of Revenue shall prescribe and provide suitable forms that ar…

The Department of Public Safety shall furnish to any person upon request a certified abstract of the operating record for the last three years of any person subject to the provisions of this chapter. This three-year limit does not apply to any person requesting his or her own abs…

The Department of Public Safety may contract with an insurance company or its authorized information vendor to provide the entries made on the operating records of the insurance company's policyholders. The department may determine the periodic basis and the media on which the in…

Any order of the Department of Public Safety under the provisions of this chapter relating to driver licensing or financial responsibility is subject to the contested case provisions in §§ 1-26-16 to 1-26-37 , inclusive. Any order of the Department of Revenue under the provisions…

The inadmissibility of any report required in this chapter as evidence in any action, civil or criminal, shall not prevent the admission in evidence of the testimony of any investigating officer, which testimony as to what he saw, heard, or witnessed during the course of his inve…

Any person whose license or registration has been suspended under any provision of this chapter, or whose policy of insurance or bond, if required under this chapter, has been canceled or terminated, shall immediately return his license, and registration to the Department of Publ…