42-8-103. Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.
If any resident of the state is arrested for a violation of any provision of this chapter or chapter 32-3A, punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the resident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.
If any nonresident is arrested for a violation of any provision of this chapter or chapter 32-3A, punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation. The arresting officer may issue the person a summons in writing to appear in court or may require the nonresident to furnish a 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. If the officer issues the nonresident a summons in writing to appear in court the officer shall release the nonresident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.
Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source: SL 2006, ch 223, ยง1.
Structure South Dakota Codified Laws
Title 42 - Recreation and Sports
Section 42-8-1 - Safety and uniformity as policy of state.
Section 42-8-1.2 - Governor authorized to prohibit or restrict use of certain waterways.
Section 42-8-1.3 - Notice of restriction or prohibition.
Section 42-8-1.4 - Violation of prohibition or restriction as misdemeanor.
Section 42-8-2 - Definition of terms.
Section 42-8-2.1 - "Underway" defined.
Section 42-8-41 - Boats--Required equipment--Penalty.
Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted.
Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor.
Section 42-8-45.1 - Arrest without a warrant--Probable cause.
Section 42-8-45.2 - Submission to breath test upon accident or violation--Chemical test.
Section 42-8-45.3 - Lawful use of drug no defense.
Section 42-8-45.4 - Amount of alcohol in blood--Presumptions.
Section 42-8-45.5 - Competent evidence not limited.
Section 42-8-45.6 - Operation of boat on public waters as consent to be tested.
Section 42-8-45.7 - Persons authorized to take breath or other bodily substance specimen--Liability.
Section 42-8-45.9 - Choice of additional testing.
Section 42-8-45.10 - Availability of test results.
Section 42-8-45.11 - Costs of testing and witness expenses as costs in the action.
Section 42-8-46 - Reckless operation of boat as misdemeanor.
Section 42-8-50 - Skiing requirements waived for exhibitions and regattas.
Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor.
Section 42-8-63 - Application by political subdivision for special rules applicable therein.
Section 42-8-67 - Boundary waters--Concurrent jurisdiction with adjoining states.
Section 42-8-68 - Sailboards exempt.
Section 42-8-69 - Age requirement for driving certain motorboats--Violation as misdemeanor.