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.
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 license and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in the summons or notice. The time shall be at least five days after the arrest unless the person arrested demands an earlier hearing. The arresting officer shall upon the person's written promise to appear, release him from custody. Any person refusing to give a written promise to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. Any person who intentionally violates his written promise to appear is guilty of a Class 2 misdemeanor regardless of the disposition of the charge upon which he was originally arrested. A nonresident arrested for a violation of any provision of this title may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody.
Source: SDC 1939, §§44.0502, 44.9901; SL 1977, ch 193, §27; SL 1985, ch 265; SL 1988, ch 268.
Structure South Dakota Codified Laws
Chapter 33 - Apprehension And Prosecution Of Violators
Section 32-33-1.1 - Arrest or summons on probable cause at accident scene.
Section 32-33-2.1 - Weight violations excepted.
Section 32-33-3 - Right to speedy hearing.
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 32-33-15 - 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.