(A) Cases designated; manner of arrest. Except in cases of driving while intoxicated or under the influence of alcoholic beverage, or any stupefying or exhilarating drug, and except in the more serious and aggravated cases of speeding or careless and reckless driving; and except when reasonably necessary to secure appearance; a person charged with violation of the traffic code of the city by a police officer need not be arrested in the regular manner but may be first given an opportunity, after notice, to appear voluntarily to answer for the traffic violation.
(B) Notice to appear. A person charged with violation of the traffic provisions shall be given a written notice to appear before the court at the time stated in the notice and that in event of failure to do so, a warrant will be issued for his or her arrest. The notice shall state the name and address of the offender, if known, the license number and make of the vehicle involved in the violation, the nature, date, and location of the offense and the time and place where the offender is to appear to answer the charge. The notice shall be signed by the police officer executing it. The notice shall be made in triplicate, 1 copy to be given to the person charged with the offense or to be left in or upon the vehicle involved in the violation, 1 copy to be filed in the Police Department and 1 copy to be filed with the Finance Officer.
(C) Appearance; deposit for fine. A person who has received a notice of traffic violation shall appear at the time and place specified in the notice. In cases of nonmoving violations, and cases of failure to stop at a stop street or sign which are not serious and aggravated cases, the person charged shall appear at the office of the Police Department and upon making the deposit for the fine and a statement authorizing the Police Department to enter his or her plea of guilty to the offense he or she shall not be required to appear in court.
(D) Failure to appear. Upon failure of a person to appear in response to a notice of traffic violation as herein, provided he or she shall be subject to arrest in the manner otherwise provided by law.
(1975 Code, § 23-7)
Statutory reference:
Apprehension and prosecution of violators, see SDCL Chapter 32-33