proceduralUnited States · Wyoming (Statewide)Difficulty: Easy
Defective Citation Under W.S. §31-5-1201
Wyoming Statutes Title 31 governs traffic and parking. W.S. §31-5-1201 et seq. requires specific elements in any citation: ordinance/statute violated, location, time, vehicle plate, officer ID. Wyoming Supreme Court has held that defective citations are jurisdictionally invalid. Cheyenne, Casper, and Jackson Hole citations frequently lack one or more elements.
Legal basis
W.S. §31-5-1201; W.S. §7-1-105 (commencement of prosecution); Wyoming Rules of Criminal Procedure
Sample appeal wording
TO: [CITY] Parking / Municipal Court RE: Citation #[NUMBER] - Motion to Dismiss I move to dismiss Citation #[NUMBER] for failure to comply with W.S. §31-5-1201. The citation omits: [LIST]. Defective citations are jurisdictionally invalid under Wyoming law. Dismissal with prejudice is required. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- https://wyoleg.gov/statutes/compress/title31.pdf
- Wyoming Statutes Title 31