ARSD Article 02:03 — PETTY AND MISDEMEANOR OFFENSES

article-02-03ARSD Article 02:03Regulation

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ATTORNEY GENERAL ATTORNEY GENERAL

Chapter 02:03:01 Uniform traffic ticket

ARSD 02:03:01:01 Forms for petty offense complaints and summons

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 officer's signature in addition to or in lieu of the oath acknowledgment.

(1) Form A:

UNIFORM TRAFFIC TICKET

SUMMONS-COMPLAINT

PCN ______________

State of South Dakota

In Circuit Court

Magistrate Division

County of_______________

____________Judicial Court

State of South Dakota (Plaintiff)

vs

(Defendant)

No. _____________HP

THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT

ON OR ABOUT

AT OR NEAR (LOCATION/MILE POST)

AT TIME

A.M.

P.M.

WITHIN THE COUNTY AND STATE AFORESAID

NAME

HEIGHT

SEX

ADDRESS

WEIGHT

CITY

STATE

BIRTH DATE

DRIVER'S LICENSE NO.

STATE

DID UNLAWFULLY

OPERATE

PARK

VEHICLE MAKE

BODY STYLE

STATE LICENSE NO.

YEAR

STATE

FR______Y

______N

AND THEN AND THERE COMMIT THE FOLLOWING OFFENSE TO WIT:

PETTY OFF _____

MIS ______

DESCRIBE VIOLATION:

CDL ____Y____N

C Veh.____Y____N____E

Haz. Materials ____Y____N

in violation of SDCL_________________________________

_____Municipal

SPEEDING

_____Interstate

_____Other

______M.P.H. IN

______M.P.H. ZONE

OFFICER ISSUING SUMMONS

NO.

CITY

COUNTY

STATE

ABOVE COMPLAINT IS TRUE AS I VERILY BELIEVE

DATE

OFFICER SIGN IN PRESENCE OF COURT OR NOTARY

SUBSCRIBED AND SWORN TO ME THIS DATE (NAME AND TITLE)

DATE

SUMMONS and PROMISE TO APPEAR

Defendant is ordered and does promise to appear in the above Court located in the city of

on

________________________________ at

a.m.

p.m.

X ____________________________________________________________________________

Defendant's signature

(Signing this form is a promise to appear - not an admission of guilt. Violation of promise to

appear is a Class 2 misdemeanor, and a warrant may be issued.)

_____Yes _____No

Court appearance required.

_____Yes _____No

Power of attorney in lieu of appearance. Amount $______________

(2) Form B:

UNIFORM TRAFFIC TICKET

SUMMONS-COMPLAINT

State of South Dakota

In Circuit Court

Magistrate Division

County of_______________

____________Judicial Court

State of South Dakota (Plaintiff)

vs

(Defendant)

THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT

ON OR ABOUT

AT OR NEAR (LOCATION/MILE POST)

AT TIME

A.M.

P.M.

WITHIN THE COUNTY AND STATE AFORESAID

NAME

HEIGHT

SEX

ADDRESS

WEIGHT

CITY

STATE

BIRTH DATE

DRIVER'S LICENSE NO.

STATE

DID UNLAWFULLY

OPERATE

PARK

VEHICLE MAKE

BODY STYLE

STATE LICENSE NO.

YEAR

STATE

FR______Y

______N

AND THEN AND THERE COMMIT THE FOLLOWING OFFENSE TO WIT:

PETTY OFF _____

MIS ______

DESCRIBE VIOLATION:

CDL ____Y____N

C Veh.____Y____N____E

Haz. Materials ____Y____N

in violation of SDCL_________________________________

_____Municipal

SPEEDING

_____Interstate

_____Other

______M.P.H. IN

______M.P.H. ZONE

OFFICER ISSUING SUMMONS

NO.

CITY

COUNTY

STATE

ABOVE COMPLAINT IS TRUE AS I VERILY BELIEVE

DATE

OFFICER SIGN IN PRESENCE OF COURT OR NOTARY

SUBSCRIBED AND SWORN TO ME THIS DATE (NAME AND TITLE)

DATE

SUMMONS and PROMISE TO APPEAR

Defendant is ordered and does promise to appear in the above Court located in the city of

on

___________________________________ at

a.m.

p.m.

X ____________________________________________________________________________

Defendant's signature

(Signing this form is a promise to appear - not an admission of guilt. Violation of promise to

appear is a Class 2 misdemeanor, and a warrant may be issued.)

_____Yes _____No

Court appearance required.

_____Yes _____No

Power of attorney in lieu of appearance. Amount $________________

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 alternate 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

  1. 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.

  1. Deposit. You may immediately mail said deposit to the clerk of courts 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.

History

  • Source: 4 SDR 64, effective March 26, 1978; 27 SDR 53, effective December 4, 2000; 41 SDR 218, effective July 1, 2015.
  • General Authority: SDCL 23-1A-2.
  • Law Implemented: SDCL 23-1A-2, 23-1A-5.
ARSD 02:03:01:02 Forms for misdemeanor offense complaints and summons

2:03:01 :02. Forms for misdemeanor offense complaints and summons. 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 determinations 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 officer's signature in addition to or in lieu of the oath acknowledgment.

UNIFORM TRAFFIC TICKET

SUMMONS-COMPLAINT

PCN ______________

State of South Dakota

In Circuit Court

Magistrate Division

County of_______________

____________Judicial Court

State of South Dakota (Plaintiff)

vs

(Defendant)

No. _____________HP

THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT

ON OR ABOUT

AT OR NEAR (LOCATION/MILE POST)

AT TIME

A.M.

P.M.

WITHIN THE COUNTY AND STATE AFORESAID

NAME

HEIGHT

SEX

ADDRESS

WEIGHT

CITY

STATE

BIRTH DATE

DRIVER'S LICENSE NO.

STATE

DID UNLAWFULLY

OPERATE

PARK

VEHICLE MAKE

BODY STYLE

STATE LICENSE NO.

YEAR

STATE

FR______Y

______N

AND THEN AND THERE COMMIT THE FOLLOWING OFFENSE TO WIT:

PETTY OFF _____

MIS ______

DESCRIBE VIOLATION:

CDL ____Y____N

C Veh.____Y____N____E

Haz. Materials ____Y____N

in violation of SDCL_________________________________

_____Municipal

SPEEDING

_____Interstate

_____Other

______M.P.H. IN

______M.P.H. ZONE

OFFICER ISSUING SUMMONS

NO.

CITY

COUNTY

STATE

ABOVE COMPLAINT IS TRUE AS I VERILY BELIEVE

DATE

OFFICER SIGN IN PRESENCE OF COURT OR NOTARY

SUBSCRIBED AND SWORN TO ME THIS DATE (NAME AND TITLE)

DATE

SUMMONS and PROMISE TO APPEAR

Defendant is ordered and does promise to appear in the above Court located in the city of

on

_________________________________ at

a.m.

p.m.

X __________________________________________________________________________

Defendant's signature

(Signing this form is a promise to appear - not an admission of guilt. Violation of promise to

appear is a Class 2 misdemeanor, and a warrant may be issued.)

_____Yes _____No

Court appearance required.

_____Yes _____No

Power of attorney in lieu of appearance. Amount $______________

History

  • Source: 27 SDR 53, effective December 4, 2000; 41 SDR 218, effective July 1, 2015.
  • General Authority: SDCL 23-1A-2.
  • Law Implemented: SDCL 23-1A-2, 32-33-2, 32-33-2.1, 32-33-4, 23-1A-5, 23A-2-1.
ARSD 02:03:01:03 Power of attorney form

The following form, or any other form that substantially complies with it, shall be used for offenses included on the schedule of offenses adopted pursuant to SDCL 16-2-21 and where a power of attorney option is provided:

POWER OF ATTORNEY

PCN ______________

State of South Dakota

In Circuit Court

Magistrate Division

County of_______________

____________Judicial Court

State of South Dakota (Plaintiff)

Vs

(Defendant)

No. _____________HP

THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT

ON OR ABOUT

AT OR NEAR (LOCATION/MILE POST)

AT TIME

A.M.

P.M.

WITHIN THE COUNTY AND STATE AFORESAID

NAME

HEIGHT

SEX

ADDRESS

WEIGHT

CITY

STATE

BIRTH DATE

DRIVER'S LICENSE NO.

STATE

DID UNLAWFULLY

OPERATE

PARK

VEHICLE MAKE

BODY STYLE

STATE LICENSE NO.

YEAR

STATE

FR______Y

______N

AND THEN AND THERE COMMIT THE FOLLOWING OFFENSE TO WIT:

PETTY OFF _____

MIS ______

DESCRIBE VIOLATION:

CDL ____Y____N

C Veh.____Y____N____E

Haz. Materials ____Y____N

in violation of SDCL_________________________________

_____Municipal

SPEEDING

_____Interstate

_____Other

______M.P.H. IN

______M.P.H. ZONE

OFFICER ISSUING SUMMONS

NO.

CITY

COUNTY

STATE

POWER OF ATTORNEY

____________________________________ I hereby deposit with the Clerk of Courts of

__________________________ County, South Dakota, as a cash appearance bond, the sum of

$ ________________________ and understand that my initial appearance will be located in the

city of ____________________________________.

a m.

on _____________________________________ at ________________________________ p.m.

If I desire to contest this matter, I will appear at the date, time, and place for my initial appearance

or contact the clerk of courts before that date and ask the clerk to reschedule the date for my

initial appearance. If I do not appear or contact the clerk of courts within the time period, (or if

after the court date is set, I fail to appear,) I hereby plead guilty to the charge, and direct the clerk

to apply the money deposited as bond herewith to the payment of the fine and costs assessed

against me.

__________________ Cash taken by Officer - Officer signed

I have read this document and have been given a copy.

Signed

Defendant

Date

THE SIGNED COPY MUST BE ENCLOSED WITH MONEY IN THE ENVELOPE PROVIDED

History

  • Source: 27 SDR 53, effective December 4, 2000.
  • General Authority: SDCL 23-1A-2.
  • Law Implemented: SDCL 23-1A-2, 32-33-2.
ARSD 02:03:01:04 Designated law enforcement agencies

The Division of Highway Patrol and local government law enforcement agencies shall use the uniform traffic ticket forms that are contained in this chapter or forms in substantial compliance with those forms.

History

  • Source: 27 SDR 53, effective December 4, 2000.
  • General Authority: SDCL 23-1A-2.
  • Law Implemented: SDCL 23-1A-2, 32-33-2.
ARSD 02:03:01:05 Forms for juvenile cited violations

Either Form A or B, or any other form that substantially complies with Form A or B, shall be used as a summons and complaint for juvenile cited violations.

(1) Form A:

JUVENILE CITATION

COMPLAINT-SUMMONS

State of South Dakota

In Circuit Court

Juvenile Division

County of _________________

_____ Judicial Circuit

State of South Dakota (Plaintiff)

vs.

(Juvenile / Defendant)

THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT

ON OR ABOUT

AT OR NEAR

AT TIME

A.M.

__________P.M.

WITHIN THE COUNTY AND STATE LISTED ABOVE

NAME

DATE OF BIRTH

ADDRESS

DID THEN AND THERE COMMIT THE FOLLOWING OFFENSE(S)

_____ Second Degree Petty Theft ($400 or less), in violation of SDCL 22-30A-17.3

_____ Intentional Damage to Property ($400 or less), in violation of SDCL 22-34-1

_____ Purchase, Possession, or Consumption (_____ PBT) of Alcoholic Beverage by Person

under 18, in violation of SDCL 35-9-2

_____ Habitual Absence from School by Child of Compulsory School Age, in violation of

SDCL 26-8B-2(1)

I DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THIS COMPLAINT/SUMMONS HAS BEEN EXAMINED BY ME, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IS IN ALL THINGS TRUE AND CORRECT.

Officer Signature

Officer ID

Agency

Date

SUMMONS AND PROMISE TO APPEAR

Juvenile/Defendant is ordered and does promise to appear in the above named court located in the city of ______________________________ on __________________________, 20 ____, at __________________ a.m./p.m.

Juvenile/Defendant signature

(Signing this form is a promise to appear – Not an admission of guilt. However, failure to appear may be considered an admission to the allegation(s) listed above and a judgement for payment may be entered.)

____ Parent(s)/Guardian Notification ________________________________________

Parent(s)/Guardian information

Name: ____________________________________ _________________________________

Address: __________________________________ _________________________________

City/State/Zip: ______________________________ _________________________________

Phone: _____________________________________

(2) Form B:

UNIFORM TRAFFIC TICKET

SUMMONS-COMPLAINT

PCN ______________

State of South Dakota

____Juvenile Citation*

In Circuit Court

County of _________________

_____Judicial Court

State of South Dakota (Plaintiff)

Vs.

No. __________________HP

(Defendant)

THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT

ON OR ABOUT

AT OR NEAR (LOCATION/MILE POST)

AT TIME

A.M.

P.M.

WITHIN THE COUNTY AND STATE AFORESAID

NAME

HEIGHT

SEX

ADDRESS

WEIGHT

CITY

STATE

BIRTH DATE

DRIVER'S LICENSE NO.

STATE

DID

UNLAWFULLY

OPERATE

PARK

VEHICLE MAKE

BODY STYLE

STATE LICENSE NO.

YEAR

STATE

FR_____Y

________N

AND THEN AND THERE COMMIT THE FOLLOWING OFFENSE TO WIT:

PETTY OFF _____ MIS ______

DESCRIBE VIOLATION

CDL ___Y ___N

C Veh. ___Y ___N ___E

Haz. Materials ___Y ___N

in violation of SDCL _________________________

___Municipal

SPEEDING

___Interstate

___Other

_____M.P.H. IN ____M.P.H. ZONE

OFFICER ISSUING SUMMONS NO CITY COUNTY STATE

ABOVE COMPLAINT IS TRUE AS I VERILY BELIEVE DATE

OFFICER SIGN IN PRESENCE OF COURT OR NOTARY

SUMMONS and PROMISE TO APPEAR

Defendant is ordered and does promise to appear in the above Court located in the city of __________________ on _________________ at __________ a.m.

p.m.

X__________________________________________________________________________

Defendant's signature

Signing this form is a promise to appear – Not an admission of guilt. However, failure to appear may be considered an admission to the allegation(s) listed above and a judgment for payment may be entered.

___ Yes ___ No Court appearance required.

___ Yes ___ No Power of attorney in lieu of appearance. Amount $ ___________

____Parent(s)/Guardian Notification ____________________________________________

*FOR VIOLATIONS OF SDCL 22-30A-17.3, 22-34-1 (less than $400); 35-9-2; and 26-8B-2(1)

History

  • Source: 42 SDR 101, effective January 11, 2016.
  • General Authority: SDCL 23-1A-2.1, 23-1A-2.
  • Law Implemented: SDCL 23-1A-2.1

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