FYFINE AND BOND SCHEDULE FOR USE BY CLERK MAGISTRATESEffective July IN - PDF document

FYFINE AND BOND SCHEDULE FOR USE BY CLER
FYFINE AND BOND SCHEDULE FOR USE BY CLERK MAGISTRATESEffective July IN CIRCUIT COURT CLASS 1 MISDEMEANORS AND ORDINANCESGuidelines to go by for your local usage.DWI (first and second offense) $225 to $Reckless driving $150 to $208Bad checks to $580Domestic Abuse Bond or other conditions of release shall be determined by a magistrate judge or circuit court as required by § 240 and §25SDCL 25Restrictions on release of person charged with domestic abuse. No police officer or sheriff may release a person charged with assaulting a person in a relationship described in §3.1, or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committing magistrate judge or circuit court shall determine if bond or other conditions of release are necessary for the protection of the alleged victim.All other Class 1 misdemeanors to $1,000CLASS 2 MISDEMEANORS AND ORDINANCESfine and costs and/or 30day sentence maximum)PETTY OFFENSES($25 judgment, no costs assessed)Schedule II sets forth the bo

nd and "mailin" schedules for use where
nd and "mailin" schedules for use where applicable. If the offense is a Class 2 misdemeanorunder State lawand is not listed on Schedule II, the defendant must appear before a magistrate or a circuit judge.SCHEDULE II FINE, BOND AND MAILIN AMOUNTSIn further compliance with § 168), the following are commonly cited violations for which clerk magistrates are directed to charge the total amountindicated. The total amount includes the fine plus:For a violation of a statute $78.50 [$50for liquidated costs (§ 2352) and $for surcharges (§ 1641 and § 23A42)]; orFor a violation of an administrative rule or ordinance 0 [$50for liquidated costs (§52) and $for surcharges (§ 1641 and § 23A42)]The judgment amount for all petty offenses is $2(SDCL 2322).No costs are assessed.If a defendant is sentenced to pay a fine, costs, or restitution, the clerk magistrate, after consulting with a magistrate judge or circuit judge, may require 1) execution of a wage assignment, 2) a schedule of time payments, or 3) performance of community service work to discharge the debt in accordan

ce with SDCL 23A A defendant may c
ce with SDCL 23A A defendant may choose to serve time in jail to pay the fine, costs for any criminal offense at a rate of $per day for time served pursuant to SDCL 23A25.5. However, this decision or any decision that requires the defendant to serve jail time as a sentence must be rendered, after appropriate hearing, by a magistrate judge or circuit judge. While a clerk magistrate may require the defendant to remain in custody if the defendant is unable to meet the conditions of release, the clerk magistrate may not sentence a defendant to serve time in jail. MUNICIPAL ORDINANCESAll municipal offenses and misdemeanor possession of marijuana charges (for two ounces or less) P.R. Bond TABLE OF CONTENTSOFFENSE CATEGORYPAGE #Alcohol and Drug OffensesConduct and PropertyDriver License OffensesEmergency Vehicle OffensesLivestock Transportation OffensesMotor Carrier OffensesMotorcycle OffensesSnowmobile OffensesVehicle Equipment OffensesVehicle Parking OffensesVehicle Registration OffensesVehicle Traffic OffensesGame, Fish and Parks ViolationsAquatic Invasi

ve Species (AIS) Offenses Boating/Public
ve Species (AIS) Offenses Boating/Public WaterOffensesFishing OffensesFurbearer OffensesShooting PreservesHunting OffensesPark/Public Land OffensesGuidelines for Truck Overweight Offenses STATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page LCOHOL AND RUG FFENSESPossession of drug paraphernaliaDGPHCommercial driving under the influenceDWCVUnderage purchase of cigarettesVarioDrinking/mixing alcoholic beverage in a public placeBTTLOpen alcoholic beverage container in motor vehicleOPENTransport Industrial Hemp ithout icense (Class 2)TIHL(Emergency Provision)CONDUCTPROPERTYOFFENSESDisorderly conductDSCOTrespassEntering or refusing to leave property after noticeOCCNRIVER ICENSE NSESNo valid driver's licenseNDLC65(2)Driving while license suspendedDRRV65(3)Driving while license canceledCANLAllow unauthorized person to use motor vehicleAUPVViolation of license restrictionUVRLo commercial driver’s licenseCMDIMERGENCY EHICLE FFENSESFailure to pull to edge of curb on proper audible signalof emergency veh

icleMRGCFollowing fire apparatusALRMDriv
icleMRGCFollowing fire apparatusALRMDriving over fire hoseHOSESTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page IVESTOCK RANSPORTATION FFENSES Failure to exhibit transportation Headpermit upon demand 5 headEHPR6 and over/hdETPDFine not to exceed $500)OTOR ARRIER FFENSES187(15) Failure to display fuel permit FUELCompensation and ton mileage violationsVariousSee specifically 32Operating nonresident harvest vehicle withoutHVRT(32compensation certificateGeneral weight, size and load restrictionVarioFor penalties now provided by law for such offensessee last page of schedule.Crossing bridge with overweight vehicleBDGPOverweight vehiclesMXWPFailure to stop at state weighing stationWGSTFailure To ComplyNCOMRefusal to stop and submit to inspectionFLSPLogbookand safetyrelated equipment violationsLOGGRefer to CFR 49B, chapter IIIB, parts 390 OTORCYCLE FFENSESOperation of vehicle (snowmobiles, motorcycles & ATVs) OVPLon private land without p

ermission of landownerBrakes requiredBRA
ermission of landownerBrakes requiredBRAKOperating without driver's licenseMCLIHelmet requirunder 18 years of ageHLMTPassenger seatCYCLSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Position of motorcyclistCYPTCarrying package which prohibits driver from keepingCYCAboth hands on handlebarsRider interfering with control or view of operatorCYCBAttachment of driver or cycle to another vehicleCYCCCyclist overtaking and passing motor vehicle in same laneMCPSOperating cycle between adjacent lanes of trafficCYLNOperating cycle more than two abreast in single traffic laneCYOPNOWMOBILE FFENSESOperation of vehicle (snowmobiles, motorcycles & ATVs) OVPLon private land without permission of landownerOperating recklessly or at excessive speedRKSMOperating without required mufflerOPMOperator age restrictionsSNAGImproper use on controlled access highway SNCAOperation on railroad rightwayOPRRImproper operation on or across a roadwaySMRDOperating without lights when darkSNLTNo snowmobile licenseSNLCFailure to reportsnowm

obile accidentSNACEHICLE QUIPMENT FFENS
obile accidentSNACEHICLE QUIPMENT FFENSESOneway windows or certain adhesive film on windshield/FILMside wing vents (35% level)Oneway windows or certain adhesive film onrear windowFLMB(20% level)Sunscreening devices on windshield prohibited SCRNSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Sirens and whistles prohibitedSIRDIllegal exhaustMFCPDropping,sifting or leaking loadLOADOperating vehicle without headlighLMLT5&6Improper construction/adjustment of headlightsHDLPFailure to dim headlightsRed lights on front of vehicle prohibited RDLPImproper use of red/amberrotary light by tow truckREDPClearance and identification lamps required by vehiclesLIGHtransporting passengers for compensationImproper aiming and adjustment of spot lampsSPOTImproper adjustment of any lamps other than headlampsLAMPor spot lampsLights on parked vehiclesLTPKmergency flares, lights, triangles requiredPFLREmergency flares/lights/triangleswhen to be usedFLARInvalid installation or use of blue light by firepersonBLUPBr

akes requiredBRAKStudded tires in use fr
akes requiredBRAKStudded tires in use from May 1 to September 30STUDPermitted connection between towing and towed vehicle TFLGMaximum lengthNo safety chainsTOWTSafety chain slack and couplingSCHNOperation with unsafe wheel as misdemeanorUNWHOperation with cut or worn tire as misdemeanorWRTSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page EHICLE ARKING FFENSESParking on highwayRPRKStanding or parking, obstructing clear viewPosition for parking on twoway roadIMPKPosition for parking on oneway roadPKOWEHICLE EGISTRATION FFENSESOperation of vehicle without certificateTTLEFailure to register vehicle/Give proper informationFILCExpired validation stickerRNRGOverweight on noncommercial licenseNNCMRegistration of ostate vehiclesOSTGOperation of vehicle without lcense plates or licenseXLCPplates conspicuouslydisplayedNo proper vehicle registrationRQIREHICLE RAFFIC FFENSESFailure to comply with weather restriction/highway closureCLHIUnlawful use of controlled access facilitiesHFACTrailers or semitr

ailers with identification plates may on
ailers with identification plates may only IDPTbe pulled by certain motor vehiclesMisuse of Emblem Specialty PlatesMESPUse of vehicles bearing dealer's demonstration or intransit DDEPpermitsTime limitationIssuance of permits for unauthorized purposes prohibitedOperation of vehicle (snowmobiles, motorcycles & ATVs)OVPLon private land without permission of landownerSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Parking Brakes RequiredPKBKProhibit offroad vehicles in ditchesOFVHDeprive motorcycle of full use of laneLNMCImproperlyequipped vehicles on highwayIMVHFailure to comply with directions of officerFLCMTruck overweight violationMXWP* Note: A magistrate court with a clerk magistrate presiding has concurrent jurisdiction to accept an overweight truck civil penalty imposed pursuant to SDCL 3255 only if the civil penalty is paid in full as art of a guilty plea. If the driver cannot pay the penalty in full as part of the guilty plea, the clerk must contact the magistrate or circuit court judge to set the

bond.Careless drivingSCDRExhibition dri
bond.Careless drivingSCDRExhibition drivingEXHDOverdriving road conditionsOVRDFailure to observe minimum speed on interstate highwayMINSSpeeding on a state highway otherMPH Over LimitFineTotalSPDSthan interstate highwaySpeeding on interstate highwaySPDISpeeding on other roadways (includes 16 SPDOmunicipal streets and county roads) 26 and up 7.1 Speeding on divided fourlaneSPD4rural highwaysSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page MPH Over LimitFineTot19.1 Speeding in a construction zone orSPCO14 Speeding in a school zoneSCHL(court appearance at discretionof officer)26 and overDrag racingRACEDriving on wrong sideof roadWRNSFailure to yield onehalf of roadwayYLDFMountain highwayscurvekeep to rightCURVIllegal lane changingLNCHIllegal barrier or median crossingMEDNIllegal entry to, or exit from, controlledaccess highwaysACSS13 to 16 Violation of right of wayVarious17 to 20 Illegal turningVariousFailure or improper use of signalsSLGLImproper arm

, mechanicalor electrical signalsSIGLIll
, mechanicalor electrical signalsSIGLIllegal UturnUTRNIllegal following, overtaking and passingOVTV26.1 Failure to give 3of separation passing a bicyclist OBMSPassing by crossing highway center line when vision is obscuredPSVSPassing in an intersectionDLFTPassing in no passing zoneNOPSSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Following too closelyFOLWMaximum number of passengers in front PSGRUse of Mobile Electronic DeviAccessing, reading or posting to social networking site whileSNWDperating motor vehicleFuneral procession violationsFPCVFailure to yield to pedestrian with white cane or guide dogSTCNFailure to comply with flashing yellow or red signalRDLTFailure to Stop for Flashing Red SignalSNGLFailure to obey traffic control device (red light)DRPLTraffic sign or signal violationVariousFailure to stop at stop signSTOPFailure to yield at yield signYILDFailure to stop for railway crossing signal or signRRSTFailure to observe railroad crossing stopParking in a handicap zone UPHDUPHDUnsafe backing

BACKBacking on controlled access highway
BACKBacking on controlled access highwaySHDRMove over law(Minimum fine of $270)STVHFailure to stop for school patrol or school bus whileFSTBloading or unloadingFailure to appear for court hearingPRMPFailure to report accident to police authority whenIMRPpersons entitledto information disabledFailure to stop & report after accident with unattended vehicleSTACSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Failure to immediately report accident, minor damage, etc.ARPTFailure of occupant to report accident when driverREPTunable to do soThrowing match or burning object from vehicleMTCHLittering from motor vehicleLTTNote: Additional fine can be assessed under 34AISH AND ARKS IOLATIONSQUATIC NVASIVE PECIES (AIS)FFENSESPossess/Import/Ship/Transport AISPISTIllegal conveyance placement into watersCPIWConveyance removal requirementsCVRRFailure to stop for inspectionFLSI41:10:04:05 Fish / bait water transportation restrictions FBTRTING/PUBLIC ATERFFENSESOperating boat without valid li

cense or numbersBTNUImproper display of
cense or numbersBTNUImproper display of boat numbersDSNUViolation of water restriction imposed by Governor/esigneeVWARMisc. other boat safety equipmentLFPRUnderwater diving violation (allowable area/flag required) DIVEWateskiing after hoursWSKIWaterskiing without observer or mirrorMIROFailure to report accidentRPRTBoat operator under age of12 w/o responsible adultBUNDUnsafe operation of personal watercraft by:a) not wearing a PFD (lifejacket)BTLFSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page b) not using lights as is required by boatBTREc) not keeping nowake requirements within BTWK150’ of swimmers/docks/nonmotorized boatsd) allowing underage operator (under age 14)BTOPoperate personal watercrafte) not using engine cutoff lanyard as requiredBECO41:03:01:31Alcoholic Beverage ProhibitedALCP41:04:01:07 Unauthorized/improper buoy placementBTBU41:04:01:09Operating boat in violation of posted watersMBWA) Boat in zoned swim areaBTSZb) Boat under power in zoned swim area BTSAc) Boat under powerzon

ed swim area w/swimmer presentBTSM41:04:
ed swim area w/swimmer presentBTSM41:04:01:10 Person in water within 50’ of public boat ramp unlessRAMPloading/unloading boat41:04:05:02 Insufficient number of personal flotation devices (PFDs)BPFL41:04:05:02(1) PFD use required (childunder 7 years of age/hybrid)LFCH41:04:05:02(2) Nothrowable lifesaving deviceTRLP41:04:05:03No fire extinguisherBEXT41:04:05:14 Careless operationBSPE41:04:05:18 Operating motorboat without lightsLITB41:04:05:1Overloading prohibitedPORLFishing OffensesTake/transport/possess threatened or endangered fishTHFSWanton waste of fishWASTFishing during closed seasonFCLS STATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Unlawful entry onto boundary waters from South DakotaULENResidency requirementsRESDFailure to exhibit licenseHNTLFishing without license residentRSLCFishing without license residentNSLCTrespass to fish (unknowing)VariousTrespass to fish (knowing)VariousViolate icefishing structure regulationsICEHToo many lines, eachcostsLINSUnattend

ed lines (each)costsATNDProhibited baitP
ed lines (each)costsATNDProhibited baitPRBAIllegal fishingmethod (dip nets, snagging)QPMTUnlawful public storage of fish (not for each fish)STOF[Packages notmarked by owner]Over limit of fish / unlawful possession:a. Game fish witlimit of 25 or morecostsFSHOb. PaddlefishcostsFSPDc. Other species of fisho 3 over limit$30 ea costsFSSP4 to over limit$50 eastsFSXPor more over limit Court appearance req’d41:07:01:03 Unlawful possession of minnows or baitfishUPMB41:07:01:05 Fishing in Restricted AreaFISR41:07:01:07 Unlawful transportation / public storage of frozen fishFIST[more than two filets per package]41:07:01:14 Highgrading of fish prohibitedHGFPSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page 41:07:03:03Fish length violation (each) $25 eaostsUNLG:07:03:03Possession of organic baitORBA41:07:03:03Failure to retain walleye taken through ice on LowerRWALFrancis Case41:07:03:05Unlawful possession of fish on the water41:07:05:02 thru :05 Paddlefish regulationsPADL41:09:04:thru:Bait trap

ping regulationsVariousURBEARER FFENSES
ping regulationsVariousURBEARER FFENSESTrapping bobcat without license residentTRBCNonresidentTBCNTrapping other furbearer without a license residentTRLCNonresidentTRLNHunting bobcat without license residentHUBCNonresidentHBCNHunting other furbearer without license residentHRLCNonresidentHunting bobcat during closed season residentHTCLNonresidentHBNRHunting other furbearer during closed season residentRBCLNonresidentHFBNTrapping bobcat during closed season residentTBCLNonresidentTBNRTrapping other furbearer during closed season residentRBCLNonresidentTFNRPossession of unchecked raw fursRFURProhibited method of taking mink/muskrat/beaverHTMTSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page respass to trap (unknowingVariousTrespass to trap (knowingVariousTrapping road right of way within 660 feet of occupiedH660dwelling.41:08:01:08.01 Failure to register bobcat within 5 daysBCTR41:08:02:01 thru :11 Prohibited trapping methodsPTRP41:08:02:12Possession of wild animal/Failure to notify departmenPSAN41:08:02

:13Failure to render trap inoperableTRPI
:13Failure to render trap inoperableTRPIHOOTING RESERVES41:09:01:02Insufficient release of birdsRELB41:09:01:02.01 Failure to notify of release of birdsNREL41:09:01:04Failure to tag birdsTGBD41:09:01:05.01 Records violationRERQUNTING FFENSESHunting from snowmobileHTSNTake / transport / possess threatened or THSPendangered wild animalsWanton waste of gameWASTUnlawful entry onto boundary waters from SDULENMinor hunting without adult supervisionHunting without state migratory bird certificationWTFW Hunting small game/waterfowl without license, residentHTLCSmall game, no license, nonresidentSGLC Waterfowl, no license, nonresidentNRST Hunting turkey, no license, residentTWLRSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Exceed turkey limit, resident:1 bird over limitELTR3 birds over limit$150 ea costsXLTR4 or more over limitCourt appearance req’dHunting turkey, no license, nonresidentTWLNExceed limit, nonresident:1 turkey over limitELTN3 birds over limit$150 ea costsXLTN4 or more over limitCourt ap

pearance req’dUnprotected game, no
pearance req’dUnprotected game, no license, nonresidentNo taxidermy license (or records violations)TXDResidency requirementsRESDFailure to exhibit licenseHNTLFailure to surrender licenseLCSUDog training violationDGTGUnprotected game, no license, residentNLCGe of salt to attract big gameSALTArtificial light/night vision, landowner/occupant/guestLIGTArtificial light/night visionALGTUnlawful use of artificial light except headlights SPLT(10 p.m. to sunrise / Sept. 1 Jan. 31)Shooting from motor vehicleHNTVFlorescent orange clothing requiredHTORUnknowing trespass, residentUTRSUnknowing trespass, nonresidentUTRPSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page Knowingtrespass, residentTRSPKnowingtrespass, nonresidentTRSNHunting road rightway within 660 feet of P660posted dwellingHunting road rightway within 660 feet of dwelling/livestock, nonpostedHunting doves from road rightway prohibited HDRRShooting at big game from roadBGRWMisc. road rightway hunting restrictions (small game)RWRDFailure to exhibit lice

nse to person controlling private
nse to person controlling private $29FELAland accessHunting small game birds/waterfowl before or after legal hours:a) less than 15 minutesb) 15 minutes to 30 minutesHOLTc) Over 30 minutesHOLHHunting small game birds/waterfowl during closed CLSDseason, residentNonresidentCLSNExceeding legal limit small game birds / waterfowl:1 to 3 over limit costs4 to 6 over limitcostsLIMX7 or more over limit Court appearance req’dPossess protected bird or small gameTKGMUnlawful public storage of game (not for each bird)UNTG[Packages not marked by owner]Unlawful take, transportation or possession of small gameDTAGSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page 41:05:01:02Hunting within a waterfowl, state game or federal refuge RFUGthru :0541:06:01:02Ineligible application for big game licenseNGBL41:06:02:01Hunting in wrong unit/violate conditions of licenseUNIT41:06:03:01Improper tagging of gameITGA41:06:03:02Game bird transportation/packaging require

mentsCARY41:06:03:06Big game transportat
mentsCARY41:06:03:06Big game transportation requirements41:06:03:11Wildlife processing facility records violationsWLRV41:06:04:01Disturbing wildlife prohibitedDISW41:06:04:03Big game methods prohibited (bait station/electronic call)BGMT41:06:04:04Nonlicensee armed accompaniment prohibitedULAC41:06:04:05Hunting without signed Federal Migratory Bird StampMBRD41:06:04:05Lead shot in a steel shot zone while hunting waterfowlLEDS41:06:04:05Unplugged shotgun for waterfowl (shell maximum)PLUG41:06:04:05.01 Lead shot while hunting small game on certain public landsNTXS41:06:04:06Use of vehicle/boat to disturb or chase gameMVGM41:06:04:07Protrusion of firearms from vehicle on highway41:06:04:08Use of twoway radio in vehicle while huntingHRDO41:06:04:12Hunting game birds with unlawful firearmHTBR41:06:34:03Exceeding legal limit cottontail rabbit, each$25 eacosts CRHT41:06:35:03Exceeding legal limit tree squirrel, each$25 eacostsTSHT41:06:40:05Shooting dovesnot in flight41:06:61:06Mountain lion license/season restrictionLIONSTATUTE OFFENSE

FINE TOTAL CODE Effective
FINE TOTAL CODE Effective July 1, 20Page Park/Public Land OffensesUnauthorized firesSTFRStarting fire within Black Hills ire Protection DistrictFBHFwithout permitUse of certain explosive targets in Black Hills Fire ETBHProtection DistrictSetting off fireworks on statelandFWPKLittering public or private lands or watersWLTRLittering from motor vehicle (also moving trafficLTTRviolation for record)Operating vehicles on school and public landsOVSCOperating motor vehicles on Mickelson TrailMCTR41:03Miscellaneous unlisted park violationsVarious41:03:01:01Unauthorized land useon posted GFP property41:03:01:01Unauthorized land use curfewCURF41:03:01:01.01 Mickelson Trail41:03:01:02Leaving property on GFP lands41:03:01:05Destruction/removal of natural featuresDSPR41:03:01:11Loudspeakers prohibited,disturbance prohibitedSPEK(hours 11 PM and 6 AM, state parks, nature areas,lakeside use areas, and recreation areas only)41:03:01:16.02 Restrictions on use of firearmsFRBW41:03:01:16.04 Lead shot target shooting on public landsLSTG41:03:01:19Tree stand violatio

ns GTRE41:03:01:23Placing residential t
ns GTRE41:03:01:23Placing residential trash at GFP trash facilitiesGTSH41:03:01:25Jumping/diving prohibitedJMDV41:03:01:29Prohibited use of metal detectorMTDTSTATUTE OFFENSE FINE TOTAL CODE Effective July 1, 20Page 41:03:01:35Bait stations prohibited BSPB41:03:01:36Limitation of trail camerasLTCM41:03:02:01Operating vehicles off roads on land owned, leased orDVRDcontrolled by the Dept. of Game, Fish & Parks41:03:02:02Violation of traffic/parking signs / markings on GFP lands41:03:02:05Exhibition drivingPKEX41:03:03:03No park licensePRKS41:03:04:02No camping permitPRMT41:03:05:01Failure to pay Mickelson Trail fee TRAL_______________________________Fishing Privileges RevokedHunting Privileges RevokedTrapping Privileges Revoked Law enforcement officers and clerk magistrates are reminded that a defendant is required to appear before a magistrate judge if the defendant is chargedwith a violation of a Class 2 misdemeanor that is not included on this schedule. Also, all Class 2 misdemeanor state traffic offenses (

SDCL title32) not included on thisschedu
SDCL title32) not included on thisschedule for which citations are issued must be supported by an SDCL code that clearly states the violation is a Class 2 misdemeanor. Law enforcement officers are advised that, according to SDCL 3252.3 and 52.4, when any of the following violations are charged and the defendant was in a motor vehicle (whether driving or as a passenger) at the time of the alleged offense, the officer must note on the citation that the offense occurred while the accused was in a motor vehicle, and specify whether the accused was a driver or a passenger. The offenses involved include SDCL 352 (underage purchase, possession, consumption of alcoholic beverages); SDCL 225 through 11; and 223 or 224, which include a variety of drug charges. Fines and appearances required for violation of municipal/countyordinances shall be the same as those required for violation of similar state statutes. For other traffic offenses not covered by ordinance, the fines are the same as the state schedule.Any officer has the authority to require a violator to appear bef

ore a magistrate judge.This order of sch
ore a magistrate judge.This order of schedules becomes effective July1, , and shall continue in effect until further Order of the Court.Dated at __________________________, South Dakota, this ________ day of ______________, BY THE COURTPresiding Circuit Judge ATTEST:Clerk of Court GUIDELINES FOR TRUCK OVERWEIGHT OFFENSESNote:A magistrate court with a clerk magistrate presiding has concurrent jurisdiction to accept an overweight truck civil penalty imposed pursuant to SDCL 32only ifthe civil penalty is paid in full as part of a guilty plea.If the driver cannot pay the penalty in full as part of the guilty plea, the clerk must contact the magistrate or circuit court judge to set the bond.The overweight violation cited under § 3252 is a Class 2 misdemeanor, the penalty for which is a $10fine, 30 days in jail, or both.An additional cash penalty, not subject to suspension, shall be assessed on the total overweight at one of the rates set forth below (§ 3255):For one thousand to three thousand pounds total overweight, the additional penaltyis five cents per

pound on all overweight exceeding one t
pound on all overweight exceeding one thousand pounds.From three thousandonepounds, up to and including four thousand pounds total overweight, the additional penalty is fifteen cents per pound on the total overweight.From four thousandonepounds, up to and including five thousand pounds total overweight, the additional penalty is twentytwo and onehalf cents per pound on the total overweight.For total overweight of five thousandone pounds, up to anincluding ten thousand pounds total overweight, the additional penalty is thirtyseven and onehalf cents per pound on the total overweight.For total overweight of ten thousandone pounds and over, the additional penalty is seventyfive cents per pound on the total overweightTo the abovedetermined amount of fine and additional cash penalty, liquidated costs and surcharges in the amount of $78.50 should be added. A circuit judge may waive any or all of this $78.50 amount.Any portion of the fine (or $78.50 liquidated costs and surcharges) that is suspended shall be deducted from the above computation. No part of the cash pena