South Dakota Code § 32-34-9

Duty of occupant of vehicle to give notice where driver is physically incapable--Violation as misdemeanor
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If the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver. A violation of this section is a Class 2 misdemeanor.

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