Defective Citation Under SDCL §32-33-2
Under SDCL Title 32 (Motor Vehicles), all parking citations must contain specific elements: violation cited with statute/ordinance number, location with sufficient specificity, time, vehicle license plate, and officer identification. The South Dakota Supreme Court has held that defective citations cannot support prosecution. Sioux Falls and Rapid City citations often lack precise location details (block number, side of street) or proper ordinance citation.
Legal basis
SDCL Title 32 (Motor Vehicles); SDCL §23A-2-1 (commencement of action); South Dakota Rules of Criminal Procedure
Sample appeal wording
TO: [CITY] Parking Enforcement RE: Citation #[NUMBER] - Motion to Dismiss Dear Hearing Officer: I move to dismiss Citation #[NUMBER] for failure to comply with statutory requirements under SDCL Title 32. The citation is defective because: [LIST DEFECTS] Under South Dakota law, a facially defective citation cannot support prosecution. I request dismissal with prejudice. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- https://sdlegislature.gov/Statutes/32
- SDCL Title 32