SD Bar Criminal Law and Procedure 2

Question 1

What is the South Dakota penalty for driving under the influence (first offense)?

Accepted Answer

Class 1 misdemeanor with potential jail time up to 1 year and fines

Answer

A first-offense DUI in South Dakota is a Class 1 misdemeanor carrying potential penalties including up to 1 year in jail, fines, and license revocation.

Question 2

Under South Dakota law, what is the legal standard for an investigatory stop (Terry stop)?

Accepted Answer

Reasonable suspicion that criminal activity is afoot

Answer

An investigatory stop requires reasonable articulable suspicion, a standard lower than probable cause but higher than a mere hunch, that criminal activity is occurring.

Question 3

What is the South Dakota drug scheduling system?

Accepted Answer

Controlled substances are classified into Schedules I through IV based on potential for abuse and accepted medical use

Answer

South Dakota classifies controlled substances into schedules, with Schedule I having the highest abuse potential and no accepted medical use, down to Schedule IV.

Question 4

In South Dakota, what is the right to a grand jury indictment?

Accepted Answer

Felony charges may be brought by grand jury indictment or by information filed by the prosecutor

Answer

South Dakota allows felony charges to proceed either by grand jury indictment or by information (complaint) filed by the states attorney.

Question 5

What is the South Dakota habitual offender statute?

Accepted Answer

Enhanced penalties for defendants convicted of a felony who have prior felony convictions

Answer

South Dakotas habitual offender statute provides enhanced sentencing for defendants with multiple prior felony convictions, potentially increasing the maximum sentence significantly.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Criminal Law and Procedure 2