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Was there an accident, or did the person get a DUI or both?
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In South Dakota the Motor Vehicle Code governs laws having to do with motor vehicles, their operation, offenses, penalties, etc.
Specifically, the below section governs at least part of the question you posed:
32-12-72. Allowing unauthorized person to use vehicle--Violation as misdemeanor. No person may knowingly authorize or permit a motor vehicle owned by that person or under that person's control to be driven upon any highway by any person who is not authorized under this chapter or in violation of any of the provisions of this chapter. A violation of this section is a Class 2
The South Dakota Codified laws defines different classes of misdemeanors. Specifically a class 2 misdemeanor:
22-6-2. Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed. Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both. The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.
Further, it is the policy of the state of South Dakota that:
23A-28-1. Policy of state--Enforcement of order. It is the policy of this state that restitution shall be made by each violator of the criminal laws to the victims of the violator's criminal activities to the extent that the violator is reasonably able to do so. An order of restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.
Also, if there were to be an accident, and someone was injured, the injured party may sue you civially:
23A-28-9. Civil remedies of victims unimpaired--Restitution payments set off. Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.
So, as you can see, if you knowingly allow someone who is not authorized by law to drive, there are possibly pretty hefty sanctions. So to protect yourself, you shouldn't let an unlicensed person drive your vehicle.
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