South Dakota Traffic Violation Records

In South Dakota, traffic violation records are primarily maintained by the South Dakota Department of Public Safety (DPS) through its Driver Licensing Program. These records document violations such as speeding, reckless driving, and driving under the influence (DUI), as well as related penalties and convictions. Additionally, courts across the state may maintain records for traffic-related offenses that result in court proceedings.

One of the most commonly recorded traffic offenses in South Dakota is speeding. According to available statistics, approximately 11.14% of drivers in the state have a prior speeding violation on record. This figure is higher than the 10.54% national average. South Dakota uses a demerit points system to ensure traffic law violators are punished accordingly. Hence, some violations may result in the addition of demerit points on driver records. When a driver accumulates 15 points within 12 months or 22 points within 24 months, the South Dakota DPS may suspend the individual's driver's license.

Are Traffic Violations Records Public in South Dakota?

Traffic violation records maintained by the South Dakota Department of Public Safety (DPS) are generally considered public information. In addition, traffic records related to cases handled by the state courts (magistrate courts and circuit courts), such as those records related to DUI and reckless driving, are also considered open to the public. Unless sealed by a court order or state or federal law, traffic violation records are accessible to members of the public.

However, access to personally identifiable information contained within these traffic records is restricted under the federal Driver's Privacy Protection Act (DPPA). The DPPA prohibits the release of personal information, such as names, addresses, driver's license numbers, and Social Security numbers, without the driver's consent, except for specific purposes.

How To Look Up Traffic Tickets in South Dakota?

You may look up traffic ticket information via the South Dakota Unified Judicial System ePay portal. The portal provides users with options such as search by name, citation number, or case number. To use the search by name option, you will need to provide your last name, first name, and birthdate. For the other two options, you must provide your citation number or case number and your last name. Alternatively, South Dakota traffic ticket information is available via third-party sources, such as PublicRecords.us.

Where Do I Pay Traffic Violations?

You may pay your traffic fines via the following any of the following methods:

• Online Payment: You may use a debit or credit card to pay through the UJS ePay Portal. Your citation number and name may be required to complete this process.
• By Mail: Send a check or money order to the clerk of court in the county where the ticket was issued. Include your citation number and personal details.
• In Person: Visit the clerk of court office in the county where the ticket was issued to pay in person

How Much Does It Cost To Request Your Driving Records Online?

You may obtain your South Dakota driving record from the Driver Licensing Program of the Department of Public Safety by mail or in person. Currently, the state does not provide an online method to obtain driving records. To obtain your driving record by mail, submit a completed driving record request form and a $5 fee to the address stated on the form. Alternatively, you may fax the completed form to (605) 773-3018 or email the form to dpsmvrs@state.sd.us. After, call (605) 773-6883 to pay the applicable fee by phone. Note that a $2 processing fee applies to all credit card payments.

If you opt to request your driving record in person, visit any of the approved driver exam stations. In-person requests require proof of identity and exact change or a personal check of $5 for the record needed.

A South Dakota driving record may reflect a three-year driving history, 3-year commercial driver license history, or a full driving history. The record contains details such as traffic convictions, license status, and accident dates. Note that under South Dakota law, only the record owners may request a driving record containing their full driving history.

What Are Moving and Non-Moving Violations in South Dakota?

Moving violations occur in South Dakota when a traffic law is violated while the vehicle is in motion. Examples include:

• Speeding
• Running a red light or stop sign
• Reckless or careless driving
• Failure to yield
• Illegal lane changes
• Driving under the influence

The penalties for moving violations include the following:

• Fines: Vary based on the offense.
• Points on Driving Record: Accumulating points can lead to license suspension.
• License Suspension or Revocation: Serious offenses like DUI can result in license suspension.
• Increased Insurance Premiums: Moving violations can lead to higher insurance rates

Non-moving violations occur when the vehicle is stationary or the offense does not involve the vehicle's movement. Common examples of non-moving violations in South Dakota include:

• Parking violations
• Expired registration or tags
• Faulty or broken equipment, such as headlights and tail lights
• Illegal window tints
• Failure to display license plates

The penalties for non-moving include fines but do not generally involve the addition of demerit points on driving records. Hence, these violations do not usually affect insurance premiums unless they are frequent or severe.

How Long Does a DUI Stay on Your Record in South Dakota?

A DUI conviction remains on your South Dakota driving record for 10 years. The state records one of the highest DUI arrest rates in the United States and has a fairly high DUI road fatality rate. South Dakota records about 877 DUI arrests and 6.5 DUI road fatalities per 100,000 drivers.

Per Section 32-23-1 of the South Dakota Codified Laws, an individual may be convicted of a DUI for being in actual physical control or driving a vehicle while under the influence of an intoxicant or when with a Blood Alcohol Content of 0.08% or greater. The state sets the following penalties for DUI convictions:

• First Offense (Class 1 Misdemeanor)
• Jail Time: Up to 1 year in county jail.
• Fines: Up to $2,000.
• License Suspension: Between 30 days to 1 year.
• Additional Requirements:
• If your Blood Alcohol Content (BAC) is 0.17% or higher, a mandatory chemical dependency evaluation is required.
• Participation in the 24/7 Sobriety Program may be mandated
• Second Offense (Class 1 Misdemeanor)
• Jail Time: Up to 1 year in county jail.
• Fines: Up to $2,000.
• License Suspension: Minimum of 1 year.
• Additional Requirements:
• Mandatory participation in the 24/7 Sobriety Program.
• Completion of a chemical dependency treatment program.
• Installation of an Ignition Interlock Device (IID) may be required.
• Third Offense (Class 6 Felony)
• Prison Time: Up to 2 years in the state penitentiary.
• Fines: Up to $4,000.
• License Revocation: Minimum of 1 year.
• Additional Requirements:
• Mandatory participation in the 24/7 Sobriety Program.
• Completion of a chemical dependency treatment program.
• Installation of an Ignition Interlock Device (IID) may be required.

Note that for commercial drivers, a first-time DUI offense results in a one-year disqualification from operating commercial vehicles. If transporting hazardous materials, the disqualification period increases to 3 years. A second offense leads to a lifetime disqualification. For underage drivers (individuals under the age of 21), a first offense leads to up to 30 days of license suspension, 180 days for a second offense, and a one-year license suspension for a third or subsequent offense. Also, under the implied consent law, refusing to submit to a chemical test results in a one-year license revocation.

What Are the Penalties for Breaking the Speed Limit in South Dakota?

Speed laws in South Dakota are codified under Chapter 32-25 of the South Dakota Codified Laws. Under these laws, the state sets maximum speed limits such as:

• Rural Interstates: 80 mph
• Urban Interstates: 65 mph
• Residential and Business Districts: Typically, 25 mph
• School Zones: 15 mph when children are present

The following fines apply for speeding violations in South Dakota:

• 1-5 mph over limit: $97.50
• 6-10 mph over limit: $117.50
• 11-15 mph over limit: $137.50
• 16-20 mph over limit: $157.50
• 21-25 mph over limit: $177.50
• 26+ mph over limit: $232.50
• Construction Zones: Fines range from $116.50 to $386.50
• Drag Racing: Fine of $282.50
• Failure to Meet Minimum Speed: Fine of $132.50

Note that a speeding ticket may increase your annual or car insurance premium. Also, driving at excessive speeds may lead to a reckless driving charge, which is considered a Class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine.

How Long Does a Speeding Ticket Stay on Your Record in South Dakota?

A speeding ticket may remain on your driving record in South Dakota for three years.

How To Appeal A Traffic Ticket?

If you plan to represent yourself in a South Dakota court for a traffic case, you may use the following defenses:

• Challenge the Officer's Observation: Argue that the officer misjudged your speed or behavior, especially if no radar or camera evidence was used. Presenting witness testimony or dashcam footage may support your version of events.
• Request a Continuance: Delaying the court date may increase the chance that the ticketing officer will not appear. If the officer is absent, the judge may dismiss the case due to lack of prosecution.
• Question the Equipment Accuracy: If radar or laser devices were used, you may request proof of their calibration and the officer's training. Faulty or uncalibrated equipment may undermine the prosecution's case.
• Argue a Justifiable Emergency: If speeding was necessary to avoid harm, such as a medical emergency or safety hazard, you may claim it as a legal defense. However, you will need to show that the action was reasonable and unavoidable.
• Dispute the Signage or Road Conditions: Argue that speed limit signs were missing, obstructed, or confusing, or that poor visibility or unclear markings contributed to the alleged violation. Photo evidence may be required to strengthen your defense in this case.

However, you should consider hiring an attorney to represent you in certain cases, such as when:

• You are facing criminal charges like reckless driving or DUI
• Your license is at risk of suspension or revocation
• You hold a commercial driver's license (CDL)
• The ticket affects your insurance rates or employment chances

How To Resolve an Out-of-State Traffic Ticket?

South Dakota's participation in the Driver License Compact and the Nonresident Violator Compact (NVC) impacts how traffic violations occurring out of state are handled for South Dakotans. If a South Dakota-licensed driver receives a traffic citation in another state that is part of the DLC, that state will notify South Dakota's Department of Public Safety. The violation may be added to the driver's record in South Dakota. In addition, under the NVC, if a South Dakota driver fails to pay or respond to a traffic ticket issued in another participating state, the issuing state may report the noncompliance to South Dakota. In response, South Dakota may suspend the driver's license until the matter is resolved.

If you have been issued an out-of-state traffic ticket, you may resolve it by taking the following steps:

• Verify the Ticket Details: Carefully review the ticket to understand the violation, applicable fines, and the deadline for response. Confirm whether the offense requires a court appearance.
• Contact the Issuing Court or Agency: Reach out to the court or traffic enforcement office in the state where the ticket was issued. They may provide instructions on payment options, contesting procedures, and potential penalties.
• Pay the Fine: If you choose to accept responsibility, follow the payment instructions provided on the ticket. Many states allow online, mail, or in-person payment methods.
• Contest the Ticket: If you believe the citation was unjust, you may request a hearing or file an appeal. Some states permit written defenses or virtual court appearances.
• Hire a Local Attorney: If attending court in another state is difficult, an attorney licensed in that jurisdiction may represent you and negotiate a possible reduction of charges.

How Do South Dakota Traffic Laws Differ From Other States?

South Dakota has its version of some of the commonly shared traffic laws between states in the United States. Examples include the following:

• South Dakota does not assign demerit points for speeding tickets. While the state does use a point system for tracking traffic violations, speeding offenses are a zero-point violation
• Unlike many states that offer point reduction through traffic school, South Dakota does not allow point reduction by taking a class.
• South Dakota permits teens to obtain an instruction permit at 14 years old, allowing for full licensure by 16, one of the youngest licensing ages in the U.S.
• Studded tires are allowed for use between October 1 and April 30. However, municipal fire vehicles and school buses are permitted to use studded tires year-round.
• Drivers approaching a school bus from either direction are required to come to a complete stop when the bus displays red signal lights. Flashing red lights indicate that the bus is stopped to pick up or drop off children. Vehicles must maintain a minimum distance of 15 feet from the bus while it is stopped. Failure to comply with this law may result in a citation and a significant fine.