South Dakota: Are Traffic Points Threatening Your License and Money?

Navigating Moving Violation Points in South Dakota: What You Need to Know

A simple traffic ticket might seem like just a fine to pay and a minor inconvenience, but in South Dakota, accepting a moving violation citation often comes with a hidden cost: points on your driving record. These points, assigned by the South Dakota Department of Public Safety (DPS), are more than just a bureaucratic tally; they are a critical indicator that can lead to increased insurance rates, license suspension, and even jeopardized employment.

Understanding how the point system works in South Dakota is crucial for any driver. Ignoring a ticket or simply paying it without understanding the full implications can have long-lasting and expensive consequences. This article will demystify the South Dakota point system, outline the risks, and provide actionable legal strategies to protect your driving privileges and financial well-being.

The South Dakota Point System: A Closer Look

Every time you're cited for a moving violation in South Dakota, if you plead guilty or are found guilty, points are assessed against your driving record. These points accumulate over time, and the DPS tracks them closely. The more severe the violation, the more points you'll receive.

Common Moving Violations and Their Point Values in South Dakota:

The exact point values can vary, but here are common examples:

• ✅ Speeding:
  • ➡️ 2 points: 1-10 mph over the limit.
  • ➡️ 4 points: 11-20 mph over the limit.
  • ➡️ 6 points: 21 mph or more over the limit, or speeding in a school zone/construction zone.
• ✅ Failure to Obey a Traffic Signal or Stop Sign: 2 points
• ✅ Improper Passing: 2 points
• ✅ Failure to Yield Right-of-Way: 2 points
• ✅ Following Too Closely (Tailgating): 2 points
• ✅ Careless Driving: 4 points
• ✅ Passing a Stopped School Bus: 4 points
• ✅ Driving Under Suspension/Revocation: 6 points
• ✅ Reckless Driving: 6 points
• ✅ Hit and Run (with no injury): 6 points
• ✅ Driving While Under the Influence (DUI): 6 points (though DUI has much more severe penalties beyond just points).

It's important to note that points are generally calculated based on violations occurring within a 12-month period for suspension purposes. While they might remain on your record for a longer duration for other purposes (like insurance company review), the critical threshold for license action is typically based on the last year of driving activity.

The Cascading Consequences of Accumulating Points

Points aren't just numbers; they translate directly into tangible, often costly, consequences.

Driver's License Suspension or Revocation

This is arguably the most severe direct consequence. South Dakota has clear thresholds for suspending a driver's license:

• 🛑 12 points in 12 months: Mandatory 30-day driver's license suspension.
• 🛑 16 points in 12 months: Mandatory 60-day driver's license suspension.
• 🛑 20 points in 12 months: Mandatory 90-day driver's license suspension.
• 🛑 24 or more points in 12 months: Mandatory 6-month driver's license suspension, or potentially longer, depending on the circumstances and prior history.

A suspended license means you cannot legally operate a motor vehicle. Driving during a suspension can lead to severe penalties, including increased fines, extended suspension periods, vehicle impoundment, and even jail time. Reinstating your license after a suspension involves fees (which can range from $50 to hundreds of dollars depending on the reason and duration), and may require filing an SR-22 insurance certificate, which signals to the state that you have high-risk auto insurance coverage.

Soaring Insurance Premiums

Insurance companies routinely check driving records. A single moving violation, especially one that adds points, can immediately flag you as a higher risk. This almost always leads to a significant increase in your car insurance premiums. These increases can be substantial, often ranging from 20% to 100% or more for several years. For example, a driver paying $1,200 annually might suddenly see their premiums jump to $1,800 to $2,400 per year or even higher, translating to thousands of extra dollars spent over a typical 3-5 year "look-back" period for insurance companies.

Employment Impact

For many professions, a clean driving record is a prerequisite. Commercial drivers (CDL holders), delivery drivers, sales professionals, and anyone whose job involves driving company vehicles can face disciplinary action, job loss, or difficulty finding new employment if they accumulate points or have their license suspended. Even for jobs not directly involving driving, a poor driving record can raise concerns about responsibility and judgment, appearing on background checks.

Increased Fines and Court Costs

While the initial fine for a ticket might seem manageable, repeat offenses or more serious violations often come with higher base fines. Additionally, court costs and other administrative fees can add up quickly, especially if you have to attend multiple court hearings.

Checking Your South Dakota Driving Record

It's a smart practice to periodically check your South Dakota driving record to ensure its accuracy and be aware of your current point total. You can request a copy of your driving record from the South Dakota Department of Public Safety (DPS). This can typically be done online, by mail, or in person at a driver exam station. There is usually a small fee associated with obtaining your record.

Strategies for Protecting Your Record and Avoiding Points

The most crucial piece of advice regarding a traffic ticket that carries points: Do NOT simply pay the ticket. Paying the ticket is an admission of guilt, and it automatically triggers the assessment of points against your record. Once points are assigned, they are incredibly difficult, if not impossible, to remove without a successful appeal or specific state-approved programs.

Understanding Your Options Beyond "Guilty"

When you receive a citation, you generally have three options:

• ⚖️ Plead Guilty and Pay the Fine: As discussed, this means accepting the points.
• ⚖️ Plead Not Guilty and Contest the Ticket: This requires appearing in court.
• ⚖️ Seek a Plea Agreement or Diversion: Often done with the help of an attorney.

Contesting the Ticket in Court

If you believe you are innocent, or if there were extenuating circumstances, contesting the ticket is your right. This involves:

1. 1️⃣ Pleading Not Guilty: Usually done by mail or in person by the deadline on your ticket.
2. 2️⃣ Initial Appearance/Arraignment: You might have a court date to formally enter your plea.
3. 3️⃣ Discovery: Your attorney can request evidence from the prosecution, such as police reports, dashcam footage, or officer notes.
4. 4️⃣ Trial: If no agreement is reached, you will proceed to a trial where the prosecution must prove your guilt beyond a reasonable doubt.

Possible outcomes of contesting include dismissal of the charge, a "not guilty" verdict, or a reduction to a non-moving violation.

Negotiating a Plea Bargain or Diversion

This is often the most effective route, especially when handled by an experienced traffic attorney. A plea bargain aims to reduce the charge to something that carries fewer points or, ideally, no points at all. Examples include:

• 🤝 Reduction to a Non-Moving Violation: For instance, a speeding ticket (a moving violation) might be reduced to a parking violation or an equipment violation, which typically carry no points. This is a common and highly desirable outcome.
• 🤝 Stipulated Continuance/Deferred Judgment: In some cases, the court might agree to dismiss the charge after a certain period (e.g., 6 or 12 months) if you meet certain conditions, such as not getting any new tickets during that time.
• 🤝 Defensive Driving Course for Point Reduction: South Dakota law (SDCL 32-12A-18) allows for a one-time, 4-point reduction from your record every five years by completing an approved defensive driving course. This is a valuable tool, but it's a reactive measure. It's often better to prevent points from being assessed in the first place, but if they are, this option can help mitigate the impact.

The Invaluable Role of a Traffic Attorney

While you can certainly represent yourself, the benefits of hiring a traffic attorney in South Dakota are significant:

• 🧑‍⚖️ Legal Expertise: Attorneys understand traffic laws, court procedures, and the nuances of the South Dakota point system.
• 🧑‍⚖️ Negotiation Skills: An attorney has established relationships with prosecutors and knows how to effectively negotiate for reduced charges or alternative resolutions that minimize or eliminate points.
• 🧑‍⚖️ Court Representation: In many cases, your attorney can appear in court on your behalf, saving you time and the stress of navigating the legal system yourself.
• 🧑‍⚖️ Cost-Benefit Analysis: The upfront cost of an attorney might seem like an extra expense (attorney fees for traffic tickets can range from $200 to $1,000+ depending on complexity), but when you weigh it against potential insurance premium hikes (thousands of dollars over years), license reinstatement fees, and the risk of suspension, it often proves to be a wise investment.
• 🧑‍⚖️ Saving Your License & Livelihood: For drivers close to suspension thresholds or those whose jobs depend on a clean record, an attorney can be the difference between maintaining driving privileges and facing severe professional and personal disruption.

Common Mistakes to Avoid

• 🚫 Ignoring the Ticket: This is perhaps the worst mistake. Ignoring a ticket can lead to a warrant for your arrest, additional fines, and immediate license suspension.
• 🚫 Admitting Guilt to the Officer: Anything you say can be used against you. Be polite, but avoid making statements that admit fault.
• 🚫 Not Reading the Citation Carefully: Understand the charges, the court date, and the options provided.
• 🚫 Missing Deadlines: Every citation has a deadline for response. Missing it can result in default judgments against you.
• 🚫 Going to Court Unprepared: If you choose to represent yourself, do your research. Understand the law, gather any evidence you have, and prepare what you will say.

Hypothetical Case Examples in South Dakota

Scenario 1: The New Driver's Costly Oversight

Ethan, a 19-year-old in Sioux Falls, receives a speeding ticket for going 15 mph over the limit (4 points). Unaware of the point system's impact, he simply pays the $100 fine online. Six months later, his insurance renewal arrives, and his annual premium has jumped from $1,800 to $2,700 – an extra $900 per year. Over the next three years, he'll pay $2,700 more for insurance due to that single ticket. If he had consulted an attorney, they might have been able to negotiate a reduction to a non-moving violation, saving him the points and the significant insurance hike, even after attorney fees.

Scenario 2: Averted Suspension for the Commuter

Maria, living in Rapid City, works in Box Elder and has accumulated 8 points over the past 11 months from two minor tickets. She then gets a third ticket for failure to yield (2 points). This puts her at 10 points within 12 months, dangerously close to the 12-point suspension threshold. Panicked, she contacts a South Dakota traffic attorney. The attorney reviews her record and the new citation. By negotiating with the prosecutor, the attorney manages to get the failure to yield charge reduced to a non-moving "expired registration" violation (even though her registration was current, this is a common legal maneuver to avoid points), saving Maria from the 2 points that would have pushed her over the edge to suspension. Her attorney's fee of $450 was a small price to pay to avoid a 30-day license suspension and the associated $50 reinstatement fee and potential SR-22 requirement.

Scenario 3: Protecting a CDL in Mitchell

David, a truck driver based out of Mitchell, receives a reckless driving citation (6 points) while off-duty. For a CDL holder, accumulating points, especially for serious violations, can lead to the loss of their commercial driver's license and, consequently, their livelihood. David immediately hires a traffic attorney specializing in CDL defense. The attorney meticulously investigates the incident, uncovers inconsistencies in the police report, and aggressively negotiates. Ultimately, the reckless driving charge is amended to a non-moving, non-CDL-impacting administrative violation. David pays a slightly higher fine, but his CDL is protected, saving his career and preventing potential income loss of tens of thousands of dollars.

Your Actionable Next Steps

If you've received a traffic ticket in South Dakota:

• 📞 Do Not Pay the Ticket Immediately: Contact a traffic attorney as soon as possible after receiving your citation.
• 📄 Gather All Documents: Have your citation, driver's license, and insurance information ready when you speak with an attorney.
• 🗣️ Do Not Admit Guilt: Be polite to law enforcement, but exercise your right to remain silent regarding the specifics of the incident.
• 📈 Understand Your Driving Record: Obtain a copy to know your current point total.
• ⏱️ Be Aware of Deadlines: Note the response deadline on your citation and any scheduled court dates. Missing these can severely limit your options.

While a traffic ticket may seem minor, its long-term impact on your driving record, insurance premiums, and even employment can be significant. Understanding South Dakota's point system and knowing your legal options is the first step in protecting yourself. Don't leave your driving future to chance; consult with an experienced South Dakota traffic attorney to navigate these complexities effectively.

Disclaimer: This article provides general information about traffic laws in South Dakota and is not intended as legal advice. The information is for educational purposes only and should not be relied upon as a substitute for professional legal counsel. Laws are subject to change, and individual circumstances vary. Always consult with a qualified attorney regarding your specific legal situation.