S.D. Admin. R. 2:03:01:01

Current through Register Vol. 51, page 57, November 12, 2024

Section 2:03:01:01 - Forms for petty offense complaints and summons

Either Form A or B, or any other form that substantially complies with Form A or B, shall be used as a petty offense summons and complaint.

If Form A is used, a power of attorney form in substantial compliance with § 2:03:01:03 shall be attached. If a law enforcement agency designated in § 2:03:01:04 chooses to use the declaration option set forth in SDCL 23-1A-5, either Form A or B, or any other form that substantially complies with Form A or B, may be modified by inserting the statutorily approved declaration above the officers signature in addition to or in lieu of the oath acknowledgment.

(1)Form A:

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(2)Form B:

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PETTY OFFENSES: If charged with a petty offense involving the operation and use of a motor vehicle and you possess or have proof of a valid South Dakota driver's license, you may choose alternatives 1, 2, or 3 below. If unable to meet the license requirement or if charged with a non-traffic offense, you may choose alternative 2 or 3 below. Upon refusal of the following alternatives, you will be taken immediately to a magistrate for hearing.

1. Promise to Appear. You may sign the complaint as a written promise to appear. Intentional failure to appear is a Class 2 misdemeanor.

2.Admission and Deposit. You may sign a stipulation admitting the allegations in the complaint which, together with the required deposit, will be filed with the clerk of courts.

3.Deposit. You may immediately mail said deposit to the clerk of court or personally make the deposit, either alternative to be in the presence of the officer. Refer to schedule of petty offenses for amount required for the deposit.

If you choose alternative 2 or 3 and do not appear in court on the date specified, the clerk will enter judgment against you and you will forfeit your deposit. You may appear in court after signing an admission and the court may, upon motion, relieve you from the stipulation and the effects thereof.

S.D. Admin. R. 2:03:01:01

4 SDR 64, effective 3/26/1978; 27 SDR 53, effective 12/4/2000; 41 SDR218, effective 7/1/2015.

General Authority: SDCL 23-1A-2.

Law Implemented: SDCL 23-1A-2, 23-1A-5.