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South Dakota statute

SDCL § 23-1A-11 — Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 1A: Petty Offense Procedure, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 23-1A-11

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23-1A-11Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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. 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.

Official sources

Legal terms used in this section

Questions this section answers

Is written promise to appear a felony or a misdemeanor in South Dakota?

Written promise to appear is a Class 2 Misdemeanor in South Dakota under SDCL § 23-1A-11.

Violation of written promise to appear: Class 2 Misdemeanor (SDCL § 23-1A-11)

Which South Dakota statute covers written promise to appear?

Written promise to appear is governed by SDCL § 23-1A-11 (Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor).

This reference is informational and is not legal advice.