Defective Mississippi Uniform Traffic Ticket — Missing Sworn Affidavit
Mississippi Code §63-9-21 requires that every traffic and parking citation be issued on a uniform traffic ticket and be supported by a sworn affidavit of the issuing officer. The Mississippi Supreme Court has held that the absence of a sworn affidavit deprives the municipal court of jurisdiction. In Ross v. State, 954 So.2d 968 (Miss. 2007), and progeny, the court emphasized that the charging document must satisfy the sworn-complaint requirement. If your citation lacks the officer's signature in the sworn box, contains no swearing language, or fails to identify the specific Code or city ordinance section, it is jurisdictionally defective.
Legal basis
Mississippi Code §63-9-21 (uniform traffic ticket); §99-15-1 (sworn affidavit); Ross v. State, 954 So.2d 968 (Miss. 2007); Miss. R. Crim. P. 2.1, 2.2
Sample appeal wording
TO: Clerk, [CITY] Municipal Court RE: Citation [CITATION_NUMBER] MOTION TO DISMISS — DEFECTIVE CHARGING INSTRUMENT The citation is fatally defective under Miss. Code §63-9-21 and Miss. R. Crim. P. 2.1 in the following respects: 1. [DEFECT — e.g., "The citation lacks the officer's sworn signature."] 2. [DEFECT — e.g., "No municipal ordinance section is identified."] 3. [DEFECT — e.g., "The location 'downtown' is insufficiently specific."] Under Ross v. State, 954 So.2d 968 (Miss. 2007), failure to comply with the sworn affidavit requirement deprives this Court of jurisdiction. Dismissal is respectfully requested. [NAME, ADDRESS, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Mississippi Code §63-9-21
- Mississippi Code §99-15-1
- Ross v. State, 954 So.2d 968 (Miss. 2007)
- Mississippi Rules of Criminal Procedure