The secretary of public safety may suspend, revoke, disqualify, or cancel the commercial learner’s permit, commercial driver license, or driving privilege of a person after opportunity for hearing pursuant to chapter 1-26, if hearing is demanded, upon a showing by its records or other sufficient evidence that the licensee:

(1) Has been convicted of an offense for which mandatory suspension, revocation, or disqualification of license is required;

Terms Used In South Dakota Codified Laws 32-12A-32

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Appears by the records of the department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, municipal ordinances that are in strict conformity with state law and adopted by a local authority other than regulations governing parking, traffic laws of another state, or any of the county speed limits set pursuant to law. The secretary of public safety shall implement the method of weighing traffic convictions provided in § 32-12-49.1;

(3) Is physically or mentally incompetent to drive a motor vehicle;

(4) Has violated § 32-12-17.3, 32-12-17.4, 32-12-17.5, 32-12-17.6, 32-12-67, 32-12-69, 32-12-70, or 32-12-71;

(5) Has committed an offense in another state, which if committed in this state, would be grounds for suspension, revocation, or disqualification;

(6) Has failed to pay a fine or comply with the terms of a citation issued in the state;

(7) Has failed to pay a fine or comply with the terms of a citation issued by a state covered by the nonresident violators compact; or

(8) Has made a false statement or representation or fails to disclose a material fact in order to obtain a driver license.

In determining whether a commercial learner’s permit, commercial driver license, or driving privilege should be suspended or revoked under this section, the director may not consider any offense that is more than four years old.

Source: SL 2001, ch 171, § 111; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2015, ch 168, § 27.

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