Defective Citation - Missing Mandatory Elements (K.S.A. §8-2106)
Kansas Statutes Annotated §8-2106 requires that a uniform notice to appear (citation) include specific elements: name of accused, vehicle description, exact location of violation, time and date, specific statute or ordinance violated, and instructions for response. K.S.A. §12-4204 governs municipal citations specifically and requires they conform to state form requirements. Citations missing the statute number, location detail, or officer ID can be challenged. Kansas appellate courts have held in State v. Knight, 218 Kan. 765, that a defective citation that fails to provide adequate notice violates due process.
Legal basis
K.S.A. §8-2106 (uniform notice to appear); K.S.A. §12-4204 (municipal citations); Kan. Const. Bill of Rights §10
Sample appeal wording
TO: [Wichita Municipal Court / Overland Park Municipal Court / Kansas City KS Municipal Court] RE: Citation #[CITATION_NUMBER] - Defective Citation Defense Dear Hearing Officer, I contest citation #[CITATION_NUMBER] issued on [DATE] under K.S.A. §8-2106 and §12-4204 on the grounds that the citation fails to satisfy mandatory statutory elements. Specifically, the citation is defective because: [DESCRIBE: 'the violated statute number is illegible / missing' / 'the location is described only as "4th and Main" without block direction' / 'the time of violation is not recorded' / 'the officer's badge number is missing']. Under Kansas law, a defective citation that fails to provide adequate notice of the alleged violation deprives the recipient of due process under Kan. Const. Bill of Rights §10. See State v. Knight, 218 Kan. 765. Attached photographs document the defect. I respectfully request dismissal of this citation. Sincerely, [NAME] [ADDRESS] [PHONE] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §8-2106
- K.S.A. §12-4204
- Kan. Const. Bill of Rights §10
- State v. Knight, 218 Kan. 765