The Department of Public Safety (DPS), in collaboration with the Department of Transportation (DOT), upholds road safety. These two agencies are vigilant in gathering vital information to reduce accidents by analyzing accident reports.
Still, traffic-related accidents, injuries, deaths, and property damages are prevalent in South Dakota. Thus, vehicle owners are reminded to constantly read, update, or refresh their knowledge of traffic laws.
When vehicle owners apply for their driver's licenses, they must take a traffic law education course and understand the consequences of violating these laws.
These consequences often include revocation of driving privileges, suspension of driver's licenses, and violation points showing up in their driving records.
Offenders may also have difficulty getting insurance coverage, especially if the violations are severe. Additionally, accidents can increase their premium rates.
What Are the Major Traffic Violations in South Dakota?
Traffic violations are classified as criminal or civil offenses and are further classified as non-moving and moving. Examples of moving violations include:
- Drunk driving (DUI)
- Speeding
- Failure to yield
- Failure to stop for a school bus
- Hit-and-run
These offenses typically carry heavier penalties due to the higher risk of accidents and injuries.
Non-moving traffic violations, although they suggest the vehicle is at rest, can sometimes occur while the vehicle is in motion. Examples of non-moving traffic violations are as follows:
- Leaving a vehicle running and unattended
- Driving without proof of financial responsibility
- Failure to renew a license on time
- No proper license plates
- Expired validation stickers
- Parking on highway
Penalties for non-moving violations tend to be less severe compared to moving violations. Moving violations are also more likely to result in points on the offender's license.
Reckless Driving
In South Dakota, reckless driving is defined as driving carelessly and heedlessly, without due caution, at a speed or in a manner likely to endanger any person or property. Such behavior is a Class 1 misdemeanor.
Offenders face significant penalties upon a first conviction for reckless driving. A second or subsequent offense within one year elevates the consequences, which may include revoking the offender's driving privileges for 30 days.
However, the court may permit limited driving privileges under specific conditions and upon proof of financial responsibility. This permission is for employment, school attendance, or participation in counseling programs.
Speeding Violations
South Dakota has specific laws on minimum and maximum speed limits in certain places. A vehicle's maximum speed on a street or highway must not exceed 65 miles per hour (MPH).
The speed limit increases to 80 MPH on the national system of interstate highways. However, there are exceptions, which residents can refer to SD Codified Law Section 32-25-7. One exception is when the DOT posts the minimum and maximum speed limits.
Moreover, speeding less than 40 MPH on interstate highways without a permit from the DPS is also prohibited. This rule ensures smooth traffic flow and applies except for highway equipment operated by personnel during maintenance duties.
Operating a motor vehicle at an unreasonably slow speed that impedes normal and reasonable traffic movement is prohibited. However, reduced speed is allowed when necessary for safe operation or compliance with the law.
Violating these required limits is classified as a Class 2 misdemeanor. In South Dakota, offenses under this category are punishable by up to 30 days of imprisonment in a county jail, a fine of up to $500, or both.
Driving With a Suspended or Without a Driver's License
Driving with an invalid license is illegal and carries different penalties based on the license status:
- Revoked license: Class 1 misdemeanor (most serious)
- Suspended license: Class 2 misdemeanor
- Canceled license: Class 2 misdemeanor
The DPS extends the suspension period if a driver is caught driving with a suspended license. For example, if the original suspension was 30 days, they add another 30 days.
Driving with a revoked license has harsher consequences. The Department delays issuing a new license for one year beyond the original reinstatement date.
These rules aim to discourage driving with an invalid or expired license. South Dakota treats revoked licenses more severely than suspended or canceled ones. Drivers should avoid operating vehicles until their license is fully reinstated to prevent additional penalties and longer periods without driving privileges.
Move Over Violations
Motorists must adhere to the move-over rule/law to protect vehicles stopped on the shoulder of the road. When approaching any emergency vehicle with red visual lights or signals, drivers must stop regardless of the direction from which they are coming.
Additionally, motorists must move over or give way, and slow down when passing any vehicle displaying yellow/amber flashing lights/signals.
On highways and interstates having two or more lanes in the same direction as the stopped emergency vehicle, motorists must move over into the farthest lane from the emergency vehicle and drive with caution.
Unless directed, they must reduce their speed by 20 MPH below the posted speed limit or by 5 MPH if the posted speed limit is 20 MPH.
Violating this law is considered a Class 2 misdemeanor with a sanction fine of at least $270 and/or jail time of 30 days. If the act of violation results in a crash with a stopped emergency vehicle using appropriate flash signals, the offense escalates to a Class 1 misdemeanor, as specified in SD Codified Law Section 32-31-6.2.
Driving Under the Influence
The SD Codified Law Section 32-23-1 enumerates the criteria for driving under the influence (DUI). A person may be convicted of DUI if they manifest any of the following conditions:
- Their blood alcohol content is 0.08% or higher.
- They're under the influence of alcohol, marijuana, or any non-prescribed controlled substance.
- They're impaired by a prescribed drug or any other substance to the point where they can't drive safely.
- A combination of alcohol and prescribed drugs or other substances impairs them.
- They're under the influence of any prohibited substance as defined in the law ( SD Codified Law Chapter 22-42).
When a person is driving a vehicle in an accident and breaks traffic laws, a law enforcement officer can ask them to take a breath test. The driver must comply with this request.
If the breath test shows that the driver has consumed alcohol, the officer can then require the driver to take a more detailed chemical test.
Under the law, DPS can revoke a driver's license with a DUI conviction even if the court doesn't specify it, as long as the conviction warrants such consequences.
In cases of first-offense DUI, the violation is treated as a Class 1 misdemeanor, with a mandatory 30-day license revocation and potential additional restrictions.
How Does South Dakota's DMV Point System Work?
The DPS uses a point system to monitor and penalize traffic violations. Each moving traffic offense carries a specific number of points. For instance, driving while intoxicated results in ten points, while reckless driving adds eight points to a driver's record. Eluding or attempting to elude a police officer and drag racing each carry six points.
Other offenses also contribute to the point total. Failing to yield the right-of-way, improper passing, and driving on the wrong side of the roadway each incur four points. Violations of stop signs or traffic lights add three points, and other moving offenses contribute two points.
Note that South Dakota is one of the states that don't include speeding, parking, equipment, or size and weight infractions in the point system.
Only the violation with the highest point value is counted when a driver commits multiple offenses in a single incident.
Consequences of Accumulating Violation Points
Point accumulation within a specified time frame results in suspension of driving privileges. According to SD Codified Law Section 32-12-49.1, accumulating 15 points within 12 consecutive months or 22 points within 24 consecutive months results in license suspension.
To promote safer driving, the DPS may issue warning letters to drivers who accumulate half the points required for suspension. Drivers who have been previously suspended can face additional suspensions for accumulating more points.
For first-time suspensions, drivers may be eligible for restricted licenses to drive for specific purposes such as work or school. However, this option is unavailable for second or subsequent suspensions within 24 months.
The duration of these suspensions increases with each occurrence. This graduated system aims to discourage repeat offenses and promote responsible driving behavior.
- First suspension: 60 days
- Second suspension: six months
- Third/Subsequent suspension: one year
How To Reduce Points
Violation points stay on a driver's record for three years. Furthermore, reducing points on existing violations is not possible.
However, offenders can prevent gaining more points by maintaining a clean driving record. Vehicle owners must avoid driving when their licenses are suspended. If applicable, they should finish the suspension period or follow a reinstatement process.
What Is the Process for Handling Traffic Tickets in South Dakota?
In South Dakota, paying a ticket citation is straightforward. Offenders must follow the details indicated on the traffic tickets, such as the office to visit or how to settle fines.
How To Pay a Ticket Citation
Tickets can be paid in full online before the due date. The ticket citation number or case number is required. The state has an online payment portal to complete the payment.
For those who cannot pay the full amount upfront, a payment plan can be arranged with the Clerk of Courts office. At least the minimum amount due must be paid, though more can be paid if desired. Again, knowing the case number is necessary for online payments. Access the portal to manage fines and costs.
How To Plead Not Guilty/No Contest
To contest a traffic ticket, drivers must visit the courthouse listed on their citation. There, they enter a not-guilty plea and request a hearing, usually scheduled within 30 days. Defendants can gather evidence and witnesses to support their case. If they win, penalties are dropped, but court costs still apply. A guilty verdict results in fines and penalties.
Pleading no contest has similar outcomes to a guilty plea. The defendant accepts the charges and sentence without admitting guilt. Unlike a guilty plea, this plea can't be used against them in other legal cases.
How To Reschedule a Court Date for a Traffic Violation
In South Dakota, missing a court date for a traffic violation can lead to serious consequences. The court treats these appointments with strict adherence, and failing to appear can result in a warrant being issued for the violator's arrest or the case being automatically lost.
If a motorist cannot attend court on the assigned day for a serious reason, contacting the judge's clerk is necessary. The violator must file paperwork requesting a change or obtain agreement from the other party to reschedule the date.
Missing these deadlines without proper notification or approval can complicate the legal process and increase the severity of penalties. If offenders make it to the courtroom, they must be ready and use the court's checklist to avoid delays.
How Are Accident Reports Handled in South Dakota?
Law enforcement officers are responsible for filing an accident report. Residents, whether the victim, offender, or witness, are responsible for calling the police or responders immediately when accidents happen. When the investigating officers arrive, individuals at the accident scene must answer as truthfully as possible when asked a series of questions.
When and How To File an Accident Report
Law enforcers use criteria to determine a reportable accident to be filed with the DPS. Thus, not all accidents may appear on an individual's history of crash reports. However, they may still be part of an individual's driving record.
The state files accident reports using a statewide database, the South Dakota Accident Records System (SDARS). Residents can read the instruction manuals officers use to understand more about how law enforcers evaluate reportable accidents.
The system collects information on all reportable motor vehicle crashes from law enforcement agencies across South Dakota. It uses geographic information systems (GIS) to analyze crash data, which is then shared with various government agencies at the state, federal, and local levels.
The SDARS aims to improve road safety for the citizens and contribute to nationwide safety improvements through the Fatality Analysis Reporting System (FARS). This system is operated and maintained by the SD Office of Accident Records and is restricted to authorized users only.
How To Obtain Accident Reports
Individuals can obtain accident reports through mail or online. To obtain accident reports through mail, download and send a correctly filled form, including a check, money order, or cash payment, to DPS.
If the report is available, the SD online purchasing system provides an immediate report after paying the necessary fees through a debit or credit card. A $4 fee applies to locate and provide the crash report, with an additional $6 convenience fee for online requests.
Drivers requesting reports must remember that certain conditions may prevent locating a crash report. These conditions are either of the following:
- The crash occurred on private property.
- The incident happened less than ten days ago.
- Marsy's Law has been invoked.
- Damage to any one person's property is under $1000.
- Total damage is under $2000.
To obtain a crash report, a person must provide the driver's last name, the county where the accident happened, and the date of the crash.
If the necessary information is unavailable, individuals should contact the Law Enforcement Agency that investigated the crash to obtain these details. Individuals can refer to the relevant resources for more information on victims' rights and privacy under Marsy's Law.
How Accident Reports Affect Insurance and Legal Matters
South Dakota uses an at-fault system or comparative negligence to settle damages and insurance claims involving traffic violations and accidents.
This doctrine allows for a fair distribution of fault and adjustment of damages when both the plaintiff (the injured party) and the defendant (the alleged wrongdoer) share responsibility for the accident.
In traffic violations and accidents, comparative negligence means that the court will determine the percentage of fault attributable to each party involved. For example, if a car accident occurs at an intersection and both drivers violate traffic laws, the court will assess each driver's level of responsibility.
The percentage of the plaintiff's fault will reduce the total damages awarded to them. For example, if a plaintiff is awarded $100,000 in damages but is found to be 20% at fault, the actual compensation would be $80,000.
Furthermore, accidents often affect insurance rates. Insurers may find an individual low, medium, or high risk depending on the accident's severity. Thus, it's best to ask for clarification regarding the basis of premium increases.
What Should Drivers Know about Traffic-Related Arrests in South Dakota?
Law enforcement may arrest drivers for several traffic-related offenses. These include DUI of drugs or alcohol, leaving an accident scene, and reckless driving. Excessive speeding, particularly in construction zones or school areas, can also lead to arrest in severe cases.
When officers determine an arrest is necessary, they inform the driver of the charges and their rights. The officer then handcuffs the individual and transports them to the local police station or county jail for booking.
This process involves photographing, fingerprinting, and recording the driver's personal information. Depending on the offense and circumstances, the driver may be released on bail or held until a court appearance.
Drivers arrested for traffic violations retain several key rights. These include the right to remain silent, the right to an attorney, and the right to refuse field sobriety tests (though this refusal may have consequences). Drivers also have the right to know the charges against them and to make a phone call after booking.
After an arrest, drivers should contact an attorney experienced in South Dakota traffic law. Defendants should prepare for their court appearance, gathering any relevant evidence or documentation. In some cases, plea bargains or alternative sentencing programs may be available, particularly for first-time offenders.
Traffic-related arrests can have legal ramifications. These may include fines, license suspension or revocation, mandatory education programs, and even jail time for serious offenses.
Personally, individuals may face strained relationships and reputational damage. Professionally, certain convictions can impact job prospects, especially for positions requiring driving.