§ 32-12-49 — Suspension, revocation or cancellation after opportunity for hearing--Grounds--Old offenses not considered--Rules.

The secretary of the Department of Public Safety may suspend, revoke, or cancel the driving privilege or license 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 or revocation of license is required; (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 which 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 the department 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 or revocation; (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 or nondriver identification card. In determining whether a driver license or privilege should be suspended or revoked under this section, the director may not consider any offense that is more than four years old. The secretary of the Department of Public Safety may promulgate rules in regard to driver license suspension, revocation and cancellation in the following areas: (1) Point accumulation; (2) Physical or mental incompetence; (3) Unlawful use of driver license or nondriver identification card; (4) Out - of - state convictions; (5) Failure to comply with citations issued in this state or another state; or (6) Misrepresentation or omissions of material fact to obtain a driver license or nondriver identification card.

Legislative History

SL 1959, ch 261, § 21; SDC Supp 1960, § 44.03B21 (1); SL 1964, ch 130; SL 1975, ch 204, § 1; SL 1979, ch 218, § 3; SL 1979, ch 219, § 1; SL 1982, ch 18, § 24; SL 1986, ch 22, § 5; SL 1991, ch 252, § 5; SL 1995, ch 179; SL 1998, ch 188, § 1; SL 2001, ch 171, § 48; SL 2003, ch 272, § 23.