South Dakota § 32-35-118 - Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted.
Full text of South Dakota South Dakota Codified Laws § 32-35-118 — Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted., with citation guidance and answers to common questions.
§ 32-35-118. Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted.
If a driver is stopped and requested to produce proof of financial responsibility does not do so, and is not the owner of that vehicle, but is operating that vehicle with the permission of the owner, the driver may not be cited, and the provisions of §§ 32-35-113 to 32-35-122, inclusive, apply to the owner rather than the driver. A law enforcement officer having stopped such a vehicle operated by someone other than the owner shall take down the necessary information and turn it over to the state's attorney for possible prosecution against the owner. However, the prosecuting attorney shall request that a summons be issued pursuant to § 23A-2-2 rather than an arrest warrant.
However, the provisions of this section do not apply to any new or used motor vehicle dealer who in the course of his business may allow a customer to drive any new or used motor vehicle from his inventory of vehicles.
Source: SL 1986, ch 269, § 6; SL 1987, ch 242; SL 1989, ch 265, § 33; SL 1993, ch 241.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 32-35-118
What does South Dakota Codified Laws § 32-35-118 cover?
Section 32-35-118 ("Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 32-35-118?
A common citation format is "South Dakota Codified Laws § 32-35-118" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 32-35-118 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.