Simone Lawson
Driving without a valid driver's license or with a suspended or revoked license in South Dakota can result in various penalties. A driver's license is required to operate a motor vehicle or motor-driven cycle on public roadways in South Dakota. Obtaining a driver's license in South Dakota involves meeting certain requirements, such as age and documentation, and maintaining it entails adhering to traffic laws and financial responsibilities. Failure to comply with these regulations can lead to legal consequences, including fines, jail time, and license suspension or revocation. Understanding and adhering to the laws governing driver's licenses in South Dakota are crucial to avoid illegal use and ensure safe and lawful driving practices in the state.
| Characteristics | Values |
|---|---|
| Failure to surrender a canceled, revoked, suspended, or disqualified license | Keeping a driver's license after it has been officially taken out of circulation by the authorities |
| Permitting unlawful use | Allowing another person to use your driver's license illegally |
| Obtaining multiple licenses | Applying for or possessing more than one driver's license under different names |
| Possession of a fake ID | Possessing a driver's license that has been forged, counterfeited, or otherwise altered |
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What You'll Learn
Driving without a license
For example, in Illinois, the first offense of driving without a license may result in a two-month license suspension, while driving with a suspended license can lead to up to a year in jail. In California, law enforcement may impound your car for 30 days, and you must appear in court if the offense is accompanied by another charge. In New York, fines for an expired license range from $40 to $300, and multiple suspensions or a DUI-related suspension can lead to misdemeanor or felony charges.
The unlawful use of a driver's license can include possessing a fake ID, lending your license to someone else, or displaying a license not issued to you. In Florida, penalties for unlawful use can include fines, license suspension, incarceration, and probation. The consequences can be severe, affecting driving privileges and criminal records.
While it is generally illegal to drive without a physical license, some states, like California, are piloting digital driver's licenses stored on smartphones and accessible to officers via a QR code.
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Driving with a suspended license
In Washington State, driving with a suspended license is unlawful, and those found guilty may face charges ranging from gross misdemeanors to more severe penalties, depending on the specifics of the case and the driver's history.
In Florida, unlawful use of a driver's license can lead to various penalties. A second-degree misdemeanor, which many unlawful use charges fall under, can result in fines of up to $500. Additionally, further license suspension may occur, making it illegal to operate a vehicle during this time. More severe offenses or multiple charges can lead to incarceration, with potential jail time of up to 60 days. Probation is another possible outcome, requiring regular check-ins with a probation officer for up to six months.
The reasons for license suspension vary and may not always be related to an individual's driving record or acumen. For example, in Florida, a license can be suspended due to unpaid traffic tickets, lack of proper insurance, or other citations. It is important to note that even if a person is unaware of their license suspension, they can still face criminal consequences if pulled over by the police.
Unlawful use of a driver's license can encompass a range of actions, including possessing a fake ID, lending your license to someone else, or failing to surrender a canceled or revoked license. The specific defense strategies employed will depend on the circumstances of the case. For instance, challenging the legality of evidence collection or demonstrating a lack of knowledge about the license's status may be potential defense approaches.
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Driving with a revoked license
In Illinois, for example, driving or being in actual physical control of a motor vehicle on a public roadway while your license is revoked is an offense. The penalties for this offense depend on the reason for the revocation, the presence of aggravating factors, and the driver's prior violations. A first conviction for driving on a revoked license due to DUI, summary suspension, or leaving the scene of an accident involving injury or death can result in 10 days of prison time or 30 days of community service. Subsequent convictions can lead to more severe penalties, with a fourth or later conviction being classified as a Class 1 felony, resulting in an extended prison term of 4 to 30 years if the reason for revocation is reckless homicide or aggravated DUI.
Similarly, in New York, driving with a revoked license is illegal, and the DMV will send a notice, or "order," to the individual informing them of the suspension or revocation. A suspension is a temporary loss of driving privileges, while a revocation cancels the license, requiring a new one to be obtained after the revocation period. In New York, a conviction of a serious traffic violation or multiple traffic violations can lead to license revocation. Additionally, medical conditions that affect an individual's ability to drive safely can also result in a license suspension or revocation.
The consequences of driving with a revoked license in Florida are also significant. Under Florida law, unlawful use of a driver's license includes a range of offenses, such as possessing a fake ID or lending your license to another person. Penalties can include fines, license suspension, incarceration, and probation. The specific penalties depend on the severity of the offense and the number of charges.
It is important to note that the information provided here may not be exhaustive, and individuals facing charges for driving with a revoked license should consult with a knowledgeable attorney to understand the specific laws and penalties applicable to their state and situation.
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Misdemeanors and penalties
In Colorado, driving during a suspension will result in up to six months in jail and a maximum fine of $500. However, if a driver is caught driving during a DUI suspension, they will face 30 days to one year in jail and $500 to $1,000 in fines.
In Washington, a second offense of driving without a license may result in a jail sentence if a judge determines the offender to be a habitual offender. In Illinois, the first offense may lead to a two-month license suspension. In New York, an expired license can result in a fine of $40 to $300, and breaking multiple suspensions or a DUI-related suspension could lead to a second-degree misdemeanor charge or even a felony.
Second-degree misdemeanor charges, which many unlawful use charges fall under, can include fines of up to $500, license suspension, and possible incarceration, especially for more severe offenses or multiple charges. Probation is also a possibility, requiring regular check-ins with a probation officer for up to six months.
It is worth noting that driving without a license is a misdemeanor criminal offense in most states and will appear on an individual's criminal record. Fines for driving without a license charges generally increase based on the number of prior violations. While first-time offenders usually receive lower fines, repeat offenders may face higher fines, license suspension, vehicle impoundment, and even jail time.
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Teen drivers
In South Dakota, you must be at least 14 years old to obtain an instruction permit. Teen drivers must visit a South Dakota licensing location with a parent or guardian and the required documents. They must then take a knowledge test or complete a state-approved driver education course to get their permit. This permit must be held for a minimum of 275 days (or 180 days if the driver education course has been completed). During this time, they must drive under the supervision of a licensed adult. After this period, they can apply for a Restricted Minor's Permit, provided they have had no traffic convictions in the previous six months. They must then pass a driving test or complete a state-approved driver education course.
Parents or guardians play a significant role in the process. They must accompany their teen to the licensing location and provide consent. Additionally, they can cancel their teen's license or permit through a written request.
When teaching teens to drive, it is recommended to choose an older, larger, and solid vehicle for safety and reliability. Parents should also ban their teens from driving with passengers for the first year and provide real-time instructions while acting as a co-pilot. Supervised instruction should total at least 100 hours, with no more than two hours of practice per week for a year. Parents should also lead by example by always wearing a seatbelt and avoiding texting while driving.
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Frequently asked questions
Driving without a license in South Dakota is a class 2 misdemeanor, which can result in a maximum sentence of 30 days in jail and up to $500 in fines.
Driving with a suspended license is also a class 2 misdemeanor, punishable by a fine of up to $500 and/or a maximum of 30 days in jail. The driver's suspension period will be extended for an amount of time equal to the original suspension duration.
Driving with a revoked license is a class 1 misdemeanor, which carries a maximum sentence of one year in jail and up to $2,000 in fines. The revocation period will also be extended by one year.
