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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
32-33-18.1. Eluding law enforcement officer as misdemeanor–Enhanced penalties. 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 eluding. Eluding is a Class 1 misdemeanor. […]
32-33-18.2. Aggravated eluding law enforcement officer as felony–Enhanced penalties. Any driver of a vehicle who flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of aggravated eluding if, at any time during the flight or pursuit, the driver operates the vehicle in a manner that […]
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 […]
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 […]
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 […]
32-33-22. 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 […]
