Reckless Driving Defense Attorney in Rapid City, South Dakota

Charged With Reckless Driving in Rapid City? Start Here

Maybe it happened on I-90 near Box Elder, on Omaha Street during rush hour, or on a dark stretch of Highway 16 heading toward the Hills. The officer said “reckless,” handed you a citation with a court date, and now you’re wondering how serious this really is.

It’s serious, but it’s also defensible. Many people who we hear from have never been in trouble before. Others are passing through, living out of state, or connected to Ellsworth Air Force Base, and worried about how a conviction could affect their career. Whatever brought you here, the first steps are important.

What to do right now

• Please check your citation carefully. Note the court date and location, as missing this information can lead to the issuance of a warrant.
• Do not discuss the details of the incident with anyone else, including social media or insurance adjusters.
• Please write down as much information as you can remember, including the time, road conditions, weather, traffic conditions, and anything the officer said during the interaction.
• It is also important to save any evidence you may have, such as dashcam footage, photographs, and contact information for any passengers or witnesses.
• Finally, it is recommended to consult with a lawyer before your court date, rather than after.

What South Dakota Law Says About Reckless Driving (SDCL 32-24-1)

How the statute defines it

Under SDCL 32-24-1, the state can prove reckless driving in two ways. They must show that you drove:

• Carelessly and without regard for the rights or safety of others.
• Without due caution, at a speed that endangers or is likely to endanger a person or property.

Officers often cite reckless driving for things like excessive speed in heavy traffic, weaving between lanes, tailgating, or passing on a blind curve. But speed alone doesn’t make driving reckless. The question is whether your driving actually puts people or property at risk, and that depends on the facts.

Where it applies

Reckless driving is not limited to highways. The law applies to driving on:

• Highways and alleyways
• Public parks and recreational areas
• The property of any public or private schools, colleges, or universities

Penalties and Consequences

A Class 1 misdemeanor

Under SDCL 22-6-2, a Class 1 misdemeanor carries up to one year in county jail, a $2,000 fine, or both. These are maximums, not automatic sentences. If property was damaged, the court must also order restitution.

8 points on your driving record

South Dakota’s driving point system assigns 8 points for a reckless driving offense. According to SDCL 32-12-49.2, a driver is subject to license suspension if they accumulate:

• 15 points in any 12 consecutive months
• or 22 points in any 24 consecutive months

A single reckless offense puts a driver more than half way to suspension. A few ordinary tickets after that could push them over the limit.

License revocation for a second offense within one year

Under SDCL 32-24-3, a second or subsequent conviction for reckless driving within one year may result in:

• A mandatory 30-day suspension of your driving privileges
• Possible additional suspension or restriction for up to one year, at the discretion of the judge
• Possibility of obtaining a work, school, or community service permit if you can demonstrate financial responsibility

South Dakota Misdemeanor and Felony Classes, Explained Simply

Callers often ask whether a “Class 1” charge is worse than a “Class 2” charge. For misdemeanors, the answer is yes. Class 1 charges are the higher level.

The key line is “jail versus prison”. Misdemeanors are served in county jails. Under SDCL 22-6-1, felonies are served in state correctional facilities. Felonies also have consequences that misdemeanors don’t usually have, such as loss of firearm rights. Reckless driving is still a misdemeanor, even on a second offense.

Reckless Driving vs. Careless Driving (SDCL 32-24-8)

SDCL 32-24-8 defines careless driving as driving without due care and caution, endangering people or property, but not amounting to reckless driving. Here’s the difference:

• Reckless driving is a Class 1 misdemeanor with a potential punishment of up to one year in jail and a fine of up to $2,000, plus 8 points on your license. 
• Careless driving is also a Class 2 misdemeanor, with a maximum of 30 days in jail and a maximum fine of $500.

Because careless driving is a lesser version of reckless conduct, it can sometimes lead to a realistic outcome. The possibility of this depends on the evidence, the driver’s driving history, and the prosecutor’s opinion of the case.

When Reckless Driving and DUI Are Charged Together

A single stop can result in both a DUI charge under SDCL 32-23-1 and a reckless driving charge. When these charges are filed together, there are some important changes:

• Negotiation: Combined charges may affect how the case is resolved, so it’s important to defend both charges together.
• Two separate charges: The state must prove each charge separately. A failed breath or blood test does not automatically dismiss the reckless charge.
• Points: If several offenses occur from the same incident, the DPS will assign points only for the offense with the highest penalty. A DUI is worth 10 points. 
• License: A DUI conviction has its own mandatory suspension, separate from the rules for reckless driving.