South Dakota

32-24-1. Definition of reckless driving–Misdemeanor. Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless driving. Reckless driving is a Class 1 misdemeanor.

Source: SDC 1939, § 44.9921; SL 1955, ch 185; SL 1977, ch 189, § 114; SL 1984, ch 233, § 1; SL 1989, ch 256, § 20.

32-24-2. Coasting downhill in neutral or with clutch out as misdemeanor. The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears or transmission of such vehicle in neutral. The driver of a truck or bus when traveling upon a downgrade shall not coast with the clutch disengaged. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0328; SL 1970, ch 175, § 5; SL 1978, ch 158, § 50.

32-24-3. Reckless driving–Second or subsequent offense as misdemeanor–Revocation of driving privilege–Restricted driving privilege. If a conviction for a violation of § 32-24-1 is for a second or subsequent offense within a period of one year, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, order that the defendant’s driving privilege be revoked for thirty days. However, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, permitting the person to operate a vehicle for purposes of the person’s employment, attendance at school, or attendance at counseling programs. The court may also order the revocation of the defendant’s driving privilege for a further period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

Source: SL 1982, ch 249, § 1; SL 1988, ch 254, § 2; SL 1991, ch 252, § 18; SL 1994, ch 255, § 6; SL 2006, ch 165, § 3.

32-24-4. Prosecution for reckless driving–Information in two parts to charge particular offense and former conviction or convictions. In any criminal case brought pursuant to the provisions of § 32-24-3 wherein the information alleges, in addition to the principal offense charged, a former conviction or convictions, such information shall be in two separate parts, each signed by the prosecutor. In the first part of the information the particular offense with which the accused is charged shall be set out, and in the other part the former conviction or convictions shall be alleged.

Source: SL 1982, ch 249, § 2.

32-24-5. Prosecution for reckless driving–Plea and trial method taken first on charge of principal offense–Notice to accused of charge of former conviction or convictions. The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 34-24-4 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of his second part. There shall be entered in the minutes of the court the time and place when and where the judge so informed the accused, and like entry thereof shall be made in the judgment.

Source: SL 1982, ch 249, § 3.

32-24-6. Prosecution for reckless driving–Trial on former conviction or convictions after guilty finding on principal offense charged. On a finding of guilty on the first part of the information described in § 32-24-4, a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information shall be divulged to the jury. If the accused has elected a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

Source: SL 1982, ch 249, § 4.

32-24-7. Repealed by SL 1988, ch 254, § 8.

32-24-8. Definition of careless driving–Misdemeanor. Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in § 32-24-1, is guilty of careless driving. Careless driving is a Class 2 misdemeanor.

Source: SL 1984, ch 233, § 2; SL 1989, ch 256, § 21.

32-24-9. Definition of exhibition driving–Misdemeanor. Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university in such a manner that creates or causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or stopping; that simulates a temporary race; or that causes the vehicle to unnecessarily turn abruptly or sway is guilty of exhibition driving. Exhibition driving is a Class 2 misdemeanor.

Source: SL 1984, ch 233, § 3; SL 1989, ch 256, § 22.

32-25-1.1. Maximum daytime speed–Violation as misdemeanor. Except as provided by § 32- 25-4 or pursuant to § 32-25-7, no person may drive a vehicle upon a street or highway at a speed in excess of sixty-five miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SL 1941, ch 187, § 2; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303; SL 1965, ch 192; SDCL, § 32-25-1; SL 1970, ch 175, § 7; SL 1989, ch 255, § 121; SL 1996, ch 207, § 2.

32-25-3. Requirement that speed be reasonable and lawful under statutes–Violation as misdemeanor. It is a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Commission.

Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (1); SL 1989, ch 255, § 123.

32-25-4. Maximum speeds on interstate highways–Violation as misdemeanor. Except as provided pursuant to § 32-25-7, no person may drive a vehicle upon the national system of interstate highways at a speed in excess of seventy-five miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SDC Supp 1960, § 44.0303 (7) as added by SL 1963, ch 253; SL 1985, ch 264, § 4; SL 1989, ch 255, § 124; SL 1996, ch 207, § 1.

32-25-5. Minimum speeds on interstate highways–Violation as misdemeanor. It is a Class 2 misdemeanor at any time for a person to drive or operate a motor vehicle upon the national system of interstate highways at a speed less than forty miles per hour unless such vehicle is so operated pursuant to a permit, issued by the Department of Transportation.

Source: SDC Supp 1960, § 44.0303 (8) as added by SL 1963, ch 253; SL 1964, ch 123, § 1; SL 1989, ch 255, § 125.

32-25-5.1. Unreasonably slow speed prohibited–Violation as misdemeanor. No person may drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 14, § 1; SL 1989, ch 255, § 126.

32-25-5.2. Posting of minimum speeds on particular highways–Violation of minimum speeds as misdemeanor. If the transportation commission within its respective jurisdiction determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission may adopt rules setting minimum speed limits below which no person may drive a vehicle except when necessary for safe operation or in compliance with law. A violation of such minimum speed limits is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 14, § 2; SL 1989, ch 255, § 127.

32-25-6. Maximum speed for heavy vehicles–Computing gross weight–Violation as misdemeanor. The transportation commission may adopt rules setting the maximum speed at which it shall be lawful for any motor vehicle, trailer, or wagon to be driven upon the public highways of this state, the gross weight of which, including the load, is more than ten thousand pounds, or any motor vehicle, trailer, or wagon having gross weight more than eight thousand pounds on one axle, or any motor vehicle, trailer, or wagon having a gross load of over six hundred pounds per inch width of tire, upon any wheel concentrated upon the surface of the highway, said width in the case of rubber tires to be measured between the flanges of the rim. A violation of such rules is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0306; SL 1989, ch 255, § 128.

32-25-6.1. Maximum speed for manufactured homes or mobile homes–Violation as misdemeanor. No person may drive a vehicle which is towing a manufactured home or mobile home of a width in excess of one hundred two inches at a speed greater than fifty-five miles per hour upon the interstate highway system or greater than forty-five miles per hour upon any other highway. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 14, § 3; SL 1989, ch 255, § 129; SL 1993, ch 238.

32-25-6.2. Maximum speed with solid rubber or cushion tires–Violation as misdemeanor. No person may drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 14, § 4; SL 1989, ch 255, § 130.

32-25-7. Establishment of speed zones–Posting of zones–State or federal roads–Violation as misdemeanor. The Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26, a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon any highway or portion of highway on the state trunk highway system and any portion of highway under the jurisdiction of a state or federal agency if requested by the agency. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a Class 2 misdemeanor.

Source: SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1955, ch 169; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (2); SL 1987, ch 210, § 33; SL 1989, ch 255, § 131; SL 1996, ch 207, § 4.

32-25-7.1. Establishment of maximum speed limit on any divided four-lane highway in rural areas–Posting of signs–Misdemeanor. Notwithstanding the provisions of § 32-25-1.1, the Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26, a maximum speed limit of seventy miles per hour upon any divided four-lane highway in a rural area on the state trunk highway system. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a Class 2 misdemeanor.

Source: SL 2005, ch 170, § 1. 

32-25-9.1. Establishment of speed zones by county commissioners–Posting of zones. Any board of county commissioners may determine and establish speed zones upon all or any part of the highways under its jurisdiction and upon streets and highways on the request of and after any other local authority, including any road district, having charge of the maintenance of the highway has declared its intention to post speed zones. Such speed zones shall be conspicuously posted at the beginning and ending of the zones.

Source: SDCL, § 32-25-8 as added by SL 1977, ch 264; SL 1985, ch 259, § 1; SL 1999, ch 151, § 9.

32-25-9.2. Township road speed limit. Unless otherwise provided pursuant to § 32-25-9.1, no person may drive a vehicle on a township road in excess of fifty-five miles per hour. Driving in excess of the speed limit established in this section is a Class 2 misdemeanor.

Source: SL 1997, ch 194, § 1.

32-25-10. Changing speed or extent of established zone. The transportation commission may change the speed limit or the extent of any limited speed zone established under § 32-25-7 at any time it may deem necessary.

Source: SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (5); SL 1985, ch 259, § 4.

32-25-12. Speed limit in unposted urban areas–Violation as misdemeanor. In urban areas which are not zoned or posted as provided in § 32-25-7, the maximum lawful speed shall be twenty-five miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (5) to (7); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (a); SL 1970, ch 175, § 9; SL 1972, ch 182; SL 1989, ch 255, § 133.

32-25-13. Speed limit at obstructed railway crossings–Violation as misdemeanor. When approaching within fifty feet of a grade crossing of any railway when the driver’s view is obstructed, the maximum speed shall be fifteen miles per hour. A driver’s view is obstructed if at any time during the last two hundred feet of his approach to such crossing he does not have a clear and uninterrupted view of any traffic on such railway for a distance of four hundred feet in each direction. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (1); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (b); SL 1970, ch 175, § 10; SL 1989, ch 255, § 134.

32-25-14. Speed limit in school zones–Violation as misdemeanor. When passing a school during a school recess or while children are going to or leaving school during the opening or closing hours, the maximum lawful speed shall be fifteen miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (2); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (c); SL 1970, ch 175, § 11; SL 1989, ch 255, § 135.

32-25-14.1. Posted school zones–Uniform traffic control devices–Failure to obey as misdemeanor. Municipalities and counties may establish posted school zones to regulate the traffic in the proximity of a school area. All traffic control devices used in school zones shall conform to a manual on traffic control for school areas adopted by the Department of Transportation. The manual shall provide a uniform system of warning, regulating, and guiding traffic through a school area. A municipality and county in the placement of traffic control devices as required by this section shall only be required to replace those currently used devices in the normal course of planned maintenance and replacement. Failure to obey such traffic control devices is a Class 2 misdemeanor.

Source: SL 1980, ch 231; SL 1989, ch 255, § 136.

32-25-15. Speed limit at intersections with obstructed view–Violation as misdemeanor. When approaching within fifty feet of and when traversing an intersection of highways when the driver’s view is obstructed the maximum lawful speed shall be fifteen miles per hour. A driver’s view is obstructed if at any time during the last fifty feet of his approach to such intersection, he does not have a clear and uninterrupted view of such intersection and of the traffic upon all of the highways entering such intersection for a distance of two hundred feet from such intersection. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (3); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (d); SL 1970, ch 175, § 12; SL 1989, ch 255, § 137.

32-25-16. Exceeding of speed limits as misdemeanor–Power of local authorities to increase limits on through highways. It is a Class 2 misdemeanor to exceed any of the speed limitations contained in §§ 32-25-11.4 to 32-25-15, inclusive. However, local authorities, in their respective jurisdictions, may increase the speed limits on through highways if vehicles are, by ordinance of such local authorities, required to stop before entering or crossing such through highways.

Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SL 1989, ch 255, § 138.

32-25-17. Posting stop signs at intersections with increased maximum–Illumination of stop signs. Local authorities shall place and maintain upon all through highways under their jurisdiction upon which the permissible speed is increased adequate signs giving notice of such special regulations. Local authorities shall also place and maintain upon each and every highway under their jurisdiction intersecting any said through highway, appropriate stop signs which shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle.

Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SL 1980, ch 211, § 7.

32-25-18. Special speed limits for bridges–Posting signs–Violation of posted speed limit as misdemeanor–Established speed as conclusive maximum safe speed. The transportation commission upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway, or viaduct, and if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commission shall determine and declare the maximum speed of vehicles which such structure can withstand and shall cause or permit suitable signs stating such maximum speed to be erected and maintained before each end of such structure. Violating such posted speed limits is a Class 2 misdemeanor.
The findings and determination of the commission shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.

Source: SDC 1939, § 44.0307; SL 1980, ch 211, § 8; SL 1989, ch 255, § 234.

32-25-19. Speed limits on posted bridges or structures–Violation as misdemeanor. No person may drive any vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure when such structure is signposted as provided in § 32-25-18. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0307; SL 1970, ch 175, § 13; SL 1989, ch 255, § 139.

32-25-19.1. Speed limits in areas of highway construction–Posting signs–Violation as misdemeanor. Notwithstanding § 32-25-7 or chapter 1-26, the secretary of transportation may establish limited speed zones through highway work areas on the state trunk highways if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property. The beginning and end of the immediate work area in each limited speed zone established under this section shall be conspicuously posted with signs showing the maximum speed permissible. Such signs shall be posted only during the hours when work is actually being performed. The location and duration of this posting shall be filed with the secretary of transportation. A violation of the speed limit established under the provisions of this section is a Class 2 misdemeanor. Any fine for a violation of this section shall be double the usual fine for speeding but may not exceed the maximum fine for a Class 2 misdemeanor as provided by § 22-6-2. Signs showing that any fine will be double the usual speeding fine shall be erected in advance of the regulatory speed limit signs.

Source: SL 1981, ch 247; SL 1995, ch 184; SL 1995, ch 185; SL 2004, ch 17, § 142.

32-25-21. Contents of complaint and summons for violation. In every prosecution for violation of any of §§ 32-25-1.1 to 32-25-17, inclusive, the complaint, and also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, and also the speed which such section declares shall be lawful at the time and place of such alleged violation.

Source: SDC 1939, § 44.0501.

32-25-22. Punishment upon fourth or subsequent conviction–Cancellation of compensation plates–Duration of cancellation. Upon a fourth or subsequent conviction of any person for driving a motor truck or trailer at a speed in excess of the limitations fixed by §§ 32-25-1.1 to 32-25-17, inclusive, the court in which such conviction is obtained may, as a part of the judgment, cancel and require the surrender of the compensation plates of the vehicle involved, which plates shall be transmitted to the Department of Public Safety, together with a copy of the judgment; and compensation plates shall not be issued for such vehicle before the expiration of one year from the date of the judgment.

Source: SDC 1939, § 44.9929 as added by SL 1949, ch 173; SL 1953, ch 240; SL 2003, ch 272, § 23.

32-25-23. Racing on highway prohibited–Violation as misdemeanor. No person may drive any vehicle on a highway in any race, speed competition or contest, acceleration race or contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person may in any manner participate in any such race, competition, contest, test, or exhibition. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 14, §§ 5, 8; SDCL Supp, § 32-25-26; SL 1991, ch 260, § 1.

32-25-25. “Racing” defined. Racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

Source: SL 1970, ch 175, § 14, § 7.

32-25-25.1. Nonprofit snowmobile racing exempt from speed provisions. No provision of this chapter is applicable to a person driving or operating a snowmobile in a snowmobile race sponsored by a nonprofit organization duly organized under the laws of this state, provided such sponsoring nonprofit organization obtains the approval of the Department of Public Safety prior to the race regarding the route of the race, and provided further that the race is conducted in accordance with rules promulgated by the Department of Public Safety.

Source: SL 1977, ch 263, § 2; SL 1982, ch 18, § 29; SL 2003, ch 272, § 121.