2-Year SoL on Class C Misdemeanor Parking Violations
Texas parking offenses prosecuted as Class C misdemeanors in municipal court are subject to the 2-year statute of limitations under Tex. Code Crim. Proc. art. 12.02. Civilly-adjudicated parking violations under Tex. Transp. Code Chapter 682 administrative adjudication are typically subject to 4-year limitations under Tex. Civ. Prac. & Rem. Code § 16.051. Cities that try to collect on tickets older than these limits are barred.
Legal basis
Tex. Code Crim. Proc. art. 12.02; Tex. Civ. Prac. & Rem. Code § 16.051
Sample appeal wording
I move to dismiss citation [NUMBER] dated [VIOLATION DATE] as time-barred. The alleged offence is [a Class C misdemeanor under Tex. Transp. Code § ____ subject to the 2-year limitations period of Tex. Code Crim. Proc. art. 12.02 / a civil offence under Tex. Transp. Code Chapter 682 subject to the 4-year limitations period of Tex. Civ. Prac. & Rem. Code § 16.051]. More than [X] years have elapsed without prosecution. Dismissal is required.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Code Crim. Proc. art. 12.02
- Tex. Civ. Prac. & Rem. Code § 16.051