The following form, or one which substantially complies with it, shall be used as a misdemeanor offense summons and complaint for traffic offenses. A power of attorney form in substantial compliance with § 2:03:01:03 shall be attached to the form. The promise to appear option may not be utilized for offenses set forth in SDCL 32-33-2.1 and 32-33-4, or in contradiction to SDCL 32-33-2.
If a law enforcement agency designated in § 2:03:01:04 determines to use the declaration option set forth in SDCL 23-1A-5 and SDCL 23A-2-1, the form or one which substantially complies with it, may be modified by inserting the statutorily approved declaration above the officers signature in addition to or in lieu of the oath acknowledgment.
S.D. Admin. R. 2:03:01:02
General Authority: SDCL 23-1A-2.
Law Implemented: SDCL 23-1A-2, 23A-2-1, 32-33-2, 32-33-2.1, 32-33-4, 23-1A-5, 23A-2-1.