Defective Citation - Missing Mandatory Elements (Neb. Rev. Stat. §60-697)
Nebraska law (Neb. Rev. Stat. §60-697) and §29-422 require citations to contain: name of accused, vehicle plate, exact time and date, location specific to street/block, statute or ordinance violated by section number, and instructions for response. Nebraska Court of Appeals in State v. Lewis, 5 Neb. App. 88, held that a citation lacking essential elements deprives the defendant of due process and is jurisdictionally deficient. Common defects: illegible carbon copies, missing block direction in vague locations, citing a repealed code section, omitting officer ID.
Legal basis
Neb. Rev. Stat. §60-697 (citation form); §29-422 (citation in lieu of arrest); Neb. Const. Art. I §3; State v. Lewis, 5 Neb. App. 88
Sample appeal wording
TO: [Omaha Municipal Court / Lincoln County Court / Bellevue Municipal Court] RE: Citation #[NUMBER] - Defective Citation Defense Dear Hearing Officer, I contest citation #[NUMBER] issued on [DATE] under Neb. Rev. Stat. §60-697 and §29-422 on the grounds the citation is defective. Specifically: [the violated statute is illegible / location lacks block direction / time of violation missing / officer ID missing]. Under State v. Lewis, 5 Neb. App. 88, a citation lacking essential elements deprives the defendant of due process under Neb. Const. Art. I §3. Attached photographs document the defect. I request dismissal. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Neb. Rev. Stat. §60-697
- Neb. Rev. Stat. §29-422
- Neb. Const. Art. I §3
- State v. Lewis, 5 Neb. App. 88