City of Sioux Falls v. Ewoldt

[¶ 23.] I dissent from that part of the majority opinion which holds that City’s complaint conformed to the requirements of state law.5 SDCL 32-25-21 sets forth the special requirements for a speeding complaint:

*769In every prosecution for violation of any of §§ 32-25-1 to 32-25-17 [i.e., speeding], inclusive, the complaint, and also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, and also the speed which such section declares shall be lawful at the time and place of such alleged violation. (emphasis added).

City’s complaint failed to…