South Dakota Codified Laws
Chapter 01A - Petty Offense Procedure
Section 23-1A-11 - Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.

23-1A-11. Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver's license in his possession or if the arresting officer is shown satisfactory proof that the person does have a valid South Dakota driver's license although not in his immediate possession, give a written promise to appear at the hearing to the officer who served the complaint on him.
If he does not have a valid South Dakota driver's license, he may immediately either sign an admission and give a deposit in accordance with §23-1A-12 or file a deposit in accordance with §23-1A-13. If he refuses either alternative, he shall be taken immediately to the nearest or most accessible judge or magistrate for a hearing on the complaint.
Any person who intentionally violates his written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.

Source: SL 1977, ch 193, §9.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23 - Law Enforcement

Chapter 01A - Petty Offense Procedure

Section 23-1A-1 - Petty offense procedures used by all law enforcement and judicial officers.

Section 23-1A-2 - Complaint and summons forms--Uniform traffic ticket--Contents.

Section 23-1A-2.1 - Ticket form for juvenile cited violations.

Section 23-1A-3 - State's attorney as attorney for plaintiff.

Section 23-1A-4 - Complaint and summons as only complaint necessary.

Section 23-1A-5 - Signature under oath on complaint--Traffic ticket issued by law enforcement officer.

Section 23-1A-6 - Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.

Section 23-1A-7 - Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.

Section 23-1A-8 - Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.

Section 23-1A-9 - Resisting service or refusal to give information as misdemeanor.

Section 23-1A-10 - Defendant's options for disposal of case.

Section 23-1A-11 - Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.

Section 23-1A-12 - Admission of other than traffic violation in lieu of court appearance--Filing with deposit.

Section 23-1A-13 - Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.

Section 23-1A-14 - Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.

Section 23-1A-15 - Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.

Section 23-1A-16 - Relief from admission by appearing in court--Matter set for trial.

Section 23-1A-17 - Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.

Section 23-1A-18 - Failure to appear after deposit or admission--Judgment entered.

Section 23-1A-19 - Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.

Section 23-1A-20 - Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.

Section 23-1A-21 - Effect of judgment same as for other civil judgments--Execution, levy, and liens.

Section 23-1A-22 - Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.

Section 23-1A-23 - Judgment proceeds deposited in county treasuries.