32-24-1      Definition of reckless driving--Misdemeanor.
32-24-2      Repealed.
32-24-3      Reckless driving--Second or subsequent offense as misdemeanor--Revocation of driving privilege--Restricted driving privilege.
32-24-4      Prosecution for reckless driving--Information in two parts to charge particular offense and former conviction or convictions.
32-24-5      Prosecution for reckless driving--Plea and trial method taken first on charge of principal offense--Notice to accused of charge of former conviction or convictions.
32-24-6      Prosecution for reckless driving--Trial on former conviction or convictions after guilty finding on principal offense charged.
32-24-7      Repealed.
32-24-8      Definition of careless driving--Misdemeanor.
32-24-9      Definition of exhibition driving--Misdemeanor.

32-24-1. Definition of reckless driving--Misdemeanor.

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless driving. Reckless driving is a Class 1 misdemeanor.

Source: SDC 1939, § 44.9921; SL 1955, ch 185; SL 1977, ch 189, § 114; SL 1984, ch 233, § 1; SL 1989, ch 256, § 20.

32-24-2. Repealed by SL 2012, ch 169, § 1.

32-24-3. Reckless driving--Second or subsequent offense as misdemeanor--Revocation of driving privilege--Restricted driving privilege.

If a conviction for a violation of § 32-24-1 is for a second or subsequent offense within a period of one year, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, order that the defendant's driving privilege be revoked for thirty days. However, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at counseling programs. The court may also order the revocation of the defendant's driving privilege for a further period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

Source: SL 1982, ch 249, § 1; SL 1988, ch 254, § 2; SL 1991, ch 252, § 18; SL 1994, ch 255, § 6; SL 2006, ch 165, § 3.

32-24-4. Prosecution for reckless driving--Information in two parts to charge particular offense and former conviction or convictions.

In any criminal case brought pursuant to the provisions of § 32-24-3 wherein the information alleges, in addition to the principal offense charged, a former conviction or convictions, such information shall be in two separate parts, each signed by the prosecutor. In the first part of the information the particular offense with which the accused is charged shall be set out, and in the other part the former conviction or convictions shall be alleged.

Source: SL 1982, ch 249, § 2.

32-24-5. Prosecution for reckless driving--Plea and trial method taken first on charge of principal offense--Notice to accused of charge of former conviction or convictions.

The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-24-4 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of his second part. There shall be entered in the minutes of the court the time and place when and where the judge so informed the accused, and like entry thereof shall be made in the judgment.

Source: SL 1982, ch 249, § 3.

32-24-6. Prosecution for reckless driving--Trial on former conviction or convictions after guilty finding on principal offense charged.

On a finding of guilty on the first part of the information described in § 32-24-4, a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information shall be divulged to the jury. If the accused has elected a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

Source: SL 1982, ch 249, § 4.