CHAPTER 32-33
APPREHENSION AND PROSECUTION OF VIOLATORS
32-33-1 Power of local authorities to enforce laws--Arrest of violators without warrant--Impounding offending vehicles.
32-33-1.1 Arrest or summons on probable cause at accident scene.
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.
32-33-2.1 Weight violations excepted.
32-33-2.2 Bench warrant for defendant failing to appear after promise given--Costs assessed against defendant.
32-33-3 Right to speedy hearing.
32-33-4 Accidents resulting in death or injury--Reckless driving--Driving under influence--Felons.
32-33-5 Misfeasance by public officer--Removal from office.
32-33-6 32-33-6 to 32-33-8. Repealed by SL 1974, ch 55, § 50.
32-33-10 Establishment of temporary roadblocks.
32-33-11 Definition of temporary roadblock.
32-33-12 Requirements for establishing temporary roadblock--Warning signals.
32-33-13 Traveling through roadblock--Misdemeanor.
32-33-14 Existing law enforcement authority unaffected.
32-33-14.1 Agent or employee of Department of Transportation authorized to act in capacity of law enforcement officer to enforce speed limits in areas of highway construction.
32-33-15 Power of local authorities to enforce law pertaining to motor carriers.
32-33-16 Impounding of nonconforming vehicles--Penalties for failure to comply.
32-33-17 Failure to stop at state weighing station--Misdemeanor.
32-33-18 Failure to stop at the signal of law enforcement officer as misdemeanor.
32-33-18.1 Eluding law enforcement officer--Misdemeanor--License revocation.
32-33-18.2 Second degree eluding--Felony--License revocation.
32-33-18.3 First degree eluding--Felony--License revocation.
32-33-19 32-33-19. Repealed by SL 1997, ch 195, § 2.
32-33-19.1 32-33-19.1. Repealed by SL 1988, ch 254, § 9.
32-33-20 Unknown driver fleeing from police--Vehicle subject to civil penalty.
32-33-21 Enforcement of civil penalty--Lien.
32-33-22 Exemptions from lien--Superior security interests.
32-33-1. Power of local authorities to enforce laws--Arrest of violators without warrant--Impounding offending vehicles.
The county highway superintendent of each organized county shall have authority to act in the capacity of a peace officer within the boundaries of the county in which he holds office, for the purpose of enforcement of all license and loading laws and traffic regulations governing the highways of the state, and shall have authority to stop any and all vehicles as defined in § 32-14-1 for the purpose of examining or measuring the form or for weighing the loads transported thereon, and may place violators of the provisions of this title under arrest without warrant for offenses committed in his presence, and take any violator of the provisions of this title and any vehicle which does not conform to any provisions of this title or of the registration or license laws, to the nearest convenient circuit or magistrate court for trial at the earliest opportunity, and the court shall impound any offending vehicle and not permit the same to be driven until it shall be made to conform to the laws relating to licensing and registration and also the provisions of this title relating to lighting, loading, and size.
Source: SDC 1939, § 44.0339; SL 1973, ch 130, §§ 10 to 12; SL 1973, ch 137.
32-33-1.1. Arrest or summons on probable cause at accident scene.
A law enforcement officer arriving at the scene of a traffic accident may, based on probable cause, arrest or issue a summons to any person believed to have caused the accident by violating a criminal provision of this title. Any person assigned by a law enforcement agency to investigate traffic accidents may, based on probable cause, issue a summons to any person believed to have caused the accident by violating a criminal provision of this title.
Source: SL 1978, ch 238; SL 1998, ch 197, § 1.
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.
32-33-2.1. Weight violations excepted.
Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with a violation of § 32-22-16 or 32-22-21. The arresting officer may take the person immediately before the nearest and most accessible magistrate.
Source: SL 1983, ch 249.
32-33-2.2. Bench warrant for defendant failing to appear after promise given--Costs assessed against defendant.
If the defendant has given his promise to appear in court in accordance with § 32-33-2 and does not appear, the court may order or issue a bench warrant for his arrest and may assess costs of such issuance against the defendant in the sum of ten dollars.
Source: SL 1987, ch 181, § 2.
32-33-3. Right to speedy hearing.
Any person arrested for a violation of any provision of this title punishable as a misdemeanor has a right to a hearing within twenty-four hours. Such hearing shall occur at a convenient time and shall be before a magistrate or judge in the county where the arrested person is being held or within the county where the offense was committed.
Source: SDC 1939, § 44.0502; SL 1990, ch 260, § 1.
32-33-4. Accidents resulting in death or injury--Reckless driving--Driving under influence--Felons.
Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person, nor to any person charged with reckless driving, nor to any person charged with driving while under the influence of an alcoholic beverage or any controlled drug or substance or marijuana, nor to any person charged with a violation of subdivision 32-12-65(1) or § 32-33-13, nor to any person who the arresting officer has good cause to believe has committed any felony. A law enforcement officer shall take such person without unnecessary delay before the nearest or most accessible magistrate.
Source: SDC 1939, § 44.0502; SL 1976, ch 203; SL 1989, ch 256, § 39; SL 1990, ch 260, § 2.
32-33-5. Misfeasance by public officer--Removal from office.
Any officer violating any of the provisions of §§ 32-33-1 to 32-33-4, inclusive, shall be guilty of misconduct in office and shall be subject to removal from office.
Source: SDC 1939, § 44.0502.
32-33-10. Establishment of temporary roadblocks.
The duly elected or appointed law enforcement officers of this state, and their deputies, are hereby authorized to establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks on the highways of this state for the purpose of identifying drivers, and apprehending persons wanted for violation of the laws of this state, or any other state, or of the United States, who are using the highways of this state.
Source: SL 1961, ch 149, § 2.
32-33-11. Definition of temporary roadblock.
For the purpose of §§ 32-33-10 to 32-33-14, inclusive, a temporary roadblock means any structure, device, or means used by the duly elected or appointed law enforcement officers of this state, and their deputies, for the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped.
Source: SL 1961, ch 149, § 1.
32-33-12. Requirements for establishing temporary roadblock--Warning signals.
For the purpose of warning and protecting the traveling public, the minimum requirements to be met by officers establishing temporary roadblocks, if time and circumstances allow are:
(1) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than one hundred yards, in either direction;
(2) At a distance of not less than one hundred yards from the point of the temporary roadblock, at least one flashing amber light shall be placed at the side of the roadway so as to be clearly visible to oncoming traffic;
(3) At the same point of the temporary roadblock, a flashing red light must be displayed. Said flashing red light may be one which is attached to a vehicle but in any event shall be clearly visible to the oncoming traffic, at a distance of not less than one hundred yards.
Source: SL 1961, ch 149, § 3; SL 1972, ch 183, §§ 1, 2; SL 1975, ch 212, § 1.
32-33-13. Traveling through roadblock--Misdemeanor.
Any person who shall proceed or travel through a roadblock without subjecting himself to the traffic control so established shall be guilty of a Class 1 misdemeanor.
Source: SL 1961, ch 149, § 5; SL 1977, ch 189, § 116.
32-33-14. Existing law enforcement authority unaffected.
Nothing in §§ 32-33-10 to 32-33-13, inclusive, shall be deemed to limit, or encroach upon, the existing authority of South Dakota Law Enforcement Officers in the performance of their duties involving traffic control.
Source: SL 1961, ch 149, § 4.
32-33-14.1. Agent or employee of Department of Transportation authorized to act in capacity of law enforcement officer to enforce speed limits in areas of highway construction.
An agent or employee of the Department of Transportation authorized by the secretary of transportation may, after receiving appropriate training, act in the capacity of a law enforcement officer within the state for the sole purpose of enforcing speed limits in areas of highway construction as authorized by § 32-25-19.1 when highway construction workers are present. Any authorized agent or employee may stop and issue a citation on a form promulgated pursuant to § 23-1A-2 to the driver of any vehicle for a speeding violation in a highway work area which occurred in the presence of the agent or employee. The agent or employee is not considered a law enforcement officer for the purposes of § 23-3-27.
Source: SL 1997, ch 196, § 1.
32-33-15. Power of local authorities to enforce law pertaining to motor carriers.
The county highway superintendent of each organized county, and the boards of county commissioners in organized counties are empowered to act in their capacity as peace officers within the boundaries of their respective counties to enforce all laws and traffic regulations and the law pertaining to motor carriers, and shall have the same authority as is granted under chapter 32-2 to agents, patrolmen, and employees of the Department of Public Safety.
Source: SDC 1939, § 44.0607; SL 2003, ch 272, § 21.
32-33-16. Impounding of nonconforming vehicles--Penalties for failure to comply.
Whenever a criminal prosecution is instituted by the Division of Highway Patrol, or any of its agents, patrolmen, or employees, and it appears to the court in which such prosecution is instituted or maintained that any vehicle has been operated which does not conform to the provisions of this title or chapter 49-28 governing the operation of such vehicle, or operation by motor carriers, or the registration or license laws, the court shall impound such vehicle and not permit the same to be driven until it shall be made to conform to such laws; and if such vehicle is operated as a motor carrier in violation of laws relating to compensation for unusual use of the highways, such court may impose the penalties provided in such laws.
Source: SDC 1939, § 44.0608.
32-33-17. Failure to stop at state weighing station--Misdemeanor.
The driver of any single or combination vehicle weighing in excess of ten thousand pounds gross vehicle weight, who fails to stop at or who knowingly passes or bypasses any state weighing station, upon any public highway, when the station is open and being operated by law enforcement officers or motor carrier inspectors, is guilty of a Class 2 misdemeanor. This section does not apply to any recreational vehicle as defined in subdivision 32-3-1(18). For purposes of this section, a combination vehicle is any vehicle consisting of two or more units including a truck, tractor, or towing vehicle, and one or more trailers.
Source: SL 1965, ch 208; SL 1976, ch 158, § 43-6; SL 1989, ch 278; SL 1991, ch 261; SL 2018, ch 197, § 1.
32-33-18. Failure to stop at the signal of law enforcement officer as misdemeanor.
Any driver of a vehicle who intentionally fails or refuses to bring a vehicle to a stop, when given visual or audible signal to bring the vehicle to a stop, is guilty of failure to stop at the signal of a law enforcement officer. The signal given by the law enforcement officer may be by hand, voice, emergency light, or siren. The officer giving the signal shall be in uniform, prominently displaying a badge of office, and the vehicle shall be appropriately marked showing it to be an official law enforcement vehicle.
Failure to stop at the signal of a law enforcement officer is a Class 2 misdemeanor. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs.
Source: SL 1970, ch 175, § 34, § 1; SL 1997, ch 195, § 1; SL 2001, ch 173, § 3; SL 2006, ch 171, § 1.
32-33-18.1. Eluding law enforcement officer--Misdemeanor--License revocation.
Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18, flees from the law enforcement officer or attempts to elude the pursuit of the law enforcement officer is guilty of third degree eluding. Third degree eluding is a Class 1 misdemeanor. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs.
Source: SL 2006, ch 171, § 2; SL 2024, ch 121, § 1.
32-33-18.2. Second degree eluding--Felony--License revocation.
Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18, flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of second degree eluding if, at any time during the flight or pursuit, the driver operates the vehicle in a manner that constitutes an inherent risk of death or serious bodily injury to any third person.
Second degree eluding is a Class 6 felony. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs. For any subsequent second degree eluding violation, the court must order that the defendant's driver's license be revoked for five years.
Source: SL 2006, ch 171, § 3; SL 2024, ch 121, § 2.
32-33-18.3. First degree eluding--Felony--License revocation.
Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18, flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer and does so in a manner that constitutes an inherent risk of death or serious bodily injury to any third person and causes serious bodily injury to another person is guilty of first degree eluding.
First degree eluding is a Class 4 felony. In addition, the court shall order that the defendant’s driver’s license be revoked for a period of not less than three years from the date the sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the defendant is returned to imprisonment prior to the completion of the period of driver’s license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.
Source: SL 2024, ch 121, § 3.
32-33-20. Unknown driver fleeing from police--Vehicle subject to civil penalty.
If the driver of a motor vehicle used in violation of § 32-33-18 is unknown, the vehicle is subject to a civil penalty of seven hundred dollars.
Source: SL 1981, ch 250, § 1; SL 2019, ch 138, § 1.
32-33-21. Enforcement of civil penalty--Lien.
The state's attorney for the county in which the violation of § 32-33-18 occurs may commence a civil in rem proceeding against a vehicle used in conjunction with a violation of § 32-33-18. If it is established by a preponderance of the evidence that the charged vehicle was used in violation of § 32-33-18, a civil penalty of one thousand dollars shall be assessed against the vehicle and shall constitute a lien on the vehicle until the penalty is satisfied.
Source: SL 1981, ch 250, § 2; SL 1989, ch 256, § 36; SL 2019, ch 138, § 2.
32-33-22. Exemptions from lien--Superior security interests.
The lien imposed under §§ 32-33-20 to 32-33-22, inclusive, does not apply to vehicles which at the time of the violation are leased, loaned, or being used without the owner's permission and the lien is subordinate to a perfected security interest or lien registered on the title at the time of the violation.
Source: SL 1981, ch 250, § 3.
