How do I contest a traffic ticket in South Dakota?
In South Dakota, a person issued a petty offense complaint for a traffic violation generally has several procedural options: give a written promise to appear, file a deposit, sign an admission in limited situations, or appear for a hearing. For traffic offenses, the statutes treat the written promise to appear as the usual option when the driver has a valid South Dakota license in hand or can show proof of it.
The summons generally sets a hearing date that is soon after issuance. The law also provides ways to change how the case is handled before the hearing in nontraffic petty offense situations, and courts have limited ability to relieve someone from a prior stipulation under certain conditions.
Current South Dakota law
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The deadline that matters
The summons must set a hearing within ten days of issuance (SDCL § 23-1A-8).
What South Dakota law says
The petty offense summons must specify a hearing time within ten days of issuance, and the hearing will be before a judge or magistrate in the county where the offense occurred, unless another statute applies (SDCL § 23-1A-8). A person served with a petty offense complaint may choose among several ways to dispose of the case: sign a written promise to appear, sign an admission and file the required deposit, file a deposit, or appear in court for the hearing (SDCL § 23-1A-10). For traffic-related violations, a person who has a valid South Dakota driver’s license or satisfactory proof of one may give a written promise to appear to the officer who served the complaint; if the person does not have a valid South Dakota license, the statute allows filing an admission with deposit or filing a deposit, or the person may be taken to the nearest judge or magistrate for a hearing (SDCL § 23-1A-11). For nontraffic petty offenses, a stipulation admitting the complaint may be filed with the required deposit, filed by the last working day before the hearing (SDCL § 23-1A-12); a court may, on motion and for cause, relieve a person from a previously filed stipulation and set the matter for trial (SDCL § 23-1A-16).
What to do
A common first step is to read the summons to see the hearing date and the options listed under the petty offense procedures.
A common option is to give a written promise to appear to the officer if you have a valid South Dakota driver’s license or proof of one.
A common choice, if allowed and applicable, is to file the required deposit or sign and file an admission by the last working day before the hearing.
A common step is to appear in court on the scheduled hearing date instead of using the deposit or admission options.
A common action in nontraffic cases is to ask the court to relieve a previously filed stipulation, which the court may grant for cause and then set the matter for trial.
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Common questions
How soon will I get a hearing date?
The summons must specify a hearing within ten days of when it was issued (SDCL § 23-1A-8).
Can I give a written promise to appear for a traffic ticket?
Yes, if you have a valid South Dakota driver’s license in your possession or can show satisfactory proof, you may give a written promise to appear to the officer who served the complaint (SDCL § 23-1A-11).
What if I do not have a South Dakota license when cited?
If you do not have a valid South Dakota license, the statute allows you to sign an admission and give a deposit or to file a deposit; if you refuse those options, you may be taken to a judge or magistrate for a hearing (SDCL § 23-1A-11).
Can I change a stipulation I already filed?
In nontraffic petty offense cases, a person who filed a stipulation admitting the complaint may ask the court to relieve them from the stipulation and set the matter for trial; the court may do so on motion for cause (SDCL § 23-1A-16).
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This page provides legal information about South Dakota law and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
