constitutionalUnited States · Rapid City, South DakotaDifficulty: Medium
Due Process - Inadequate Notice
The U.S. Constitution and SD Constitution Article VI §2 require adequate notice before fines are imposed. Tickets blown off windshields by Black Hills winds, electronic notices sent to wrong addresses, or first-notice-as-registration-hold scenarios fail due process.
Legal basis
U.S. Const. Amend. XIV; SD Const. Art. VI §2; Mullane v. Central Hanover Bank
Sample appeal wording
TO: [CITY] RE: Citation #[NUMBER] - Due Process Challenge Under Mullane v. Central Hanover Bank, 339 U.S. 306 (1950), and SD Const. Art. VI §2, due process requires notice reasonably calculated to inform the cited party. I never received the original citation, learning of it only through [REGISTRATION HOLD / COLLECTIONS]. By that time, my opportunity to contest was foreclosed. I request dismissal of underlying citation, removal of late fees, and removal of any holds. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- SD Constitution Article VI §2
- Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)