South Dakota Codified Laws 23-1A-11. Written promise to appear–Admission and deposit–Immediate hearing if alternatives refused–Violation of promise to appear as misdemeanor
Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver’s license in his possession or if the arresting officer is shown satisfactory proof that the person does have a valid South Dakota driver’s license although not in his immediate possession, give a written promise to appear at the hearing to the officer who served the complaint on him.
If he does not have a valid South Dakota driver’s license, he may immediately either sign an admission and give a deposit in accordance with § 23-1A-12 or file a deposit in accordance with § 23-1A-13. If he refuses either alternative, he shall be taken immediately to the nearest or most accessible judge or magistrate for a hearing on the complaint.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 23-1A-11
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Statute: A law passed by a legislature.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Any person who intentionally violates his written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 9.