Defective Citation Under NMSA §66-8-122
NMSA §66-8-122 sets the form/content requirements for traffic and parking citations: vehicle ID, location, date and time, ordinance violated, officer name and ID, and signature. Albuquerque ROA 1994 §8-5-2-3 and Santa Fe Code §12-6.5 mirror these requirements. A citation missing any required element is facially defective and not a valid charging instrument; State v. Sanchez, 1985-NMSC-094, holds that defective citations cannot support prosecution.
Legal basis
NMSA §66-8-122; Albuquerque ROA §8-5-2-3; State v. Sanchez, 1985-NMSC-094, 103 N.M. 25
Sample appeal wording
City of [Albuquerque/Santa Fe/Las Cruces] – Parking Hearings RE: Citation #[CITATION] I appeal this citation as facially defective under NMSA §66-8-122 and [LOCAL ORDINANCE]. The citation issued on [DATE] [omits / illegibly shows] the required element(s): [LIST]. Under State v. Sanchez, 1985-NMSC-094, a citation that does not satisfy the statutory minimums is not a valid charging document. I respectfully request dismissal. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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