South Dakota Codified Laws
Chapter 33 - Apprehension And Prosecution Of Violators
Section 32-33-18.2 - Aggravated eluding law enforcement officer as felony--Enhanced penalties.

32-33-18.2. Aggravated eluding law enforcement officer as felony--Enhanced penalties.
Any driver of a vehicle who flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of aggravated eluding if, at any time during the flight or pursuit, the driver operates the vehicle in a manner that constitutes an inherent risk of death or serious bodily injury to any third person.
Aggravated eluding is a Class 6 felony. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to §32-35-43.1, allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs. For any subsequent aggravated eluding violation, the court shall order that the defendant's driver's license be revoked for five years.

Source: SL 2006, ch 171, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 33 - Apprehension And Prosecution Of Violators

Section 32-33-1 - Power of local authorities to enforce laws--Arrest of violators without warrant--Impounding offending vehicles.

Section 32-33-1.1 - Arrest or summons on probable cause at accident scene.

Section 32-33-2 - Procedure on arrest of violator--Issuance of summons--Notice of hearing--Release from custody upon promise to appear--Violation of promise to appear--Misdemeanor--Bond of nonresident.

Section 32-33-2.1 - Weight violations excepted.

Section 32-33-2.2 - Bench warrant for defendant failing to appear after promise given--Costs assessed against defendant.

Section 32-33-3 - Right to speedy hearing.

Section 32-33-4 - Accidents resulting in death or injury--Reckless driving--Driving under influence--Felons.

Section 32-33-5 - Misfeasance by public officer--Removal from office.

Section 32-33-10 - Establishment of temporary roadblocks.

Section 32-33-11 - Definition of temporary roadblock.

Section 32-33-12 - Requirements for establishing temporary roadblock--Warning signals.

Section 32-33-13 - Traveling through roadblock--Misdemeanor.

Section 32-33-14 - Existing law enforcement authority unaffected.

Section 32-33-14.1 - Agent or employee of Department of Transportation authorized to act in capacity of law enforcement officer to enforce speed limits in areas of highway construction.

Section 32-33-15 - Power of local authorities to enforce law pertaining to motor carriers.

Section 32-33-16 - Impounding of nonconforming vehicles--Penalties for failure to comply.

Section 32-33-17 - Failure to stop at state weighing station--Misdemeanor.

Section 32-33-18 - Failure to stop at the signal of law enforcement officer as misdemeanor.

Section 32-33-18.1 - Eluding law enforcement officer as misdemeanor--Enhanced penalties.

Section 32-33-18.2 - Aggravated eluding law enforcement officer as felony--Enhanced penalties.

Section 32-33-20 - Unknown driver fleeing from police--Vehicle subject to civil penalty.

Section 32-33-21 - Enforcement of civil penalty--Lien.

Section 32-33-22 - Exemptions from lien--Superior security interests.