South Dakota Codified Laws
Chapter 01A - Petty Offense Procedure
Section 23-1A-5 - Signature under oath on complaint--Traffic ticket issued by law enforcement officer.

23-1A-5. Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Source: SL 1977, ch 193, §4; SL 2015, ch 134, §1.

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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.