Defective Citation - Missing Statutory Elements (NDCC §39-07-07)
Under NDCC §39-07-07, every traffic/parking citation issued in North Dakota must contain specific elements: the offense charged, time and place of offense, vehicle registration, name/address of the violator (if known), and the issuing officer's identification. Citations that omit any of these elements (vehicle license number, location specificity, time, ordinance citation) are facially defective and must be dismissed. Fargo, Bismarck, and Grand Forks parking tickets routinely lack one or more required elements - particularly precise location (block number, side of street) and the specific ordinance violated.
Legal basis
NDCC §39-07-07; NDCC §39-07-09 (Uniform Traffic Complaint and Summons); North Dakota Rules of Criminal Procedure Rule 3
Sample appeal wording
TO: [CITY] Parking Division / Municipal Court RE: Citation #[NUMBER] - Motion to Dismiss for Defective Citation Dear Hearing Officer: I respectfully move to dismiss Citation #[NUMBER] issued on [DATE] for failure to comply with NDCC §39-07-07, which mandates that every traffic citation contain specific statutory elements. The citation in question is fatally defective because it fails to include: [LIST MISSING ELEMENTS - e.g., specific ordinance section violated, exact location with block number, officer identification number, vehicle license plate]. Under North Dakota law, a citation that fails to comply with NDCC §39-07-07 cannot serve as the basis for prosecution. The North Dakota Supreme Court has consistently held that statutory citation requirements are jurisdictional and cannot be waived. I request immediate dismissal of this citation with prejudice. Respectfully submitted, [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t39c07.pdf
- North Dakota Century Code Title 39 Chapter 39-07
- North Dakota Rules of Criminal Procedure