Defective Citation – Missing Statutory Elements (La. R.S. §32:398)
Louisiana law requires every traffic/parking citation to contain specific elements: the offender's name, vehicle description, license plate, time/place of violation, specific statute or ordinance violated, officer's printed name and badge/ID, and a sworn or signed certification. Because Louisiana is a CIVIL LAW jurisdiction descended from the Napoleonic Code, statutory text is interpreted strictly and literally (La. C.C. art. 9-13) — courts do not 'gap-fill' missing elements with common-law equity the way other states do. A citation missing any required element is therefore facially void and must be dismissed. This is one of Louisiana's strongest defences because the civil-law tradition forbids judicial expansion of statutory authority.
Legal basis
La. R.S. §32:398; La. C.C. art. 9 (clear and unambiguous law applied as written); La. C.C. art. 11 (words given their generally prevailing meaning); La. C.Cr.P. art. 464 (charging document requirements applied analogously)
Sample appeal wording
Central Adjudication Bureau City of New Orleans 1340 Poydras Street, Suite 800 New Orleans, LA 70112 Re: Citation No. [CITATION_NUMBER] Issued: [DATE] | Plate: [PLATE] NOTICE OF CONTEST – FACIALLY DEFECTIVE CITATION Dear Hearing Officer, I contest the above-referenced citation as facially void under La. R.S. §32:398 and request DISMISSAL. Louisiana Revised Statute 32:398 mandates that every traffic citation contain specific elements: the issuing officer's printed name and identification, the date and time of the alleged violation, the precise location, the specific statute or ordinance violated, an accurate vehicle/plate description, and a signed certification. The citation issued to me is missing/illegible in the following respect(s): [DESCRIBE_DEFECT — e.g., 'No statute number is recorded, only the abbreviation "PARK"' or 'The officer's ID number is illegible / blank' or 'The location field reads only "New Orleans" without street or block']. Louisiana is a civil law jurisdiction governed by the Louisiana Civil Code. Under La. C.C. art. 9, '[w]hen a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written.' Under La. C.C. art. 11, statutory words must be given their 'generally prevailing meaning.' Unlike common-law states, Louisiana courts are not authorized to fill statutory gaps through equitable doctrine — the legislature's command must be obeyed literally. A citation that omits a statutorily required element therefore cannot be cured and must be dismissed. I request that the citation be VOIDED and any associated late penalties expunged. Respectfully, [NAME] [ADDRESS] [PHONE / EMAIL] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- La. R.S. §32:398 – legis.la.gov
- La. C.C. art. 9–13 (Preliminary Title – Interpretation of Laws)
- City of New Orleans Code of Ordinances §154 (Traffic and Vehicles)