Due Process - Inadequate Notice of Violation
The Fourteenth Amendment Due Process Clause and Article I §12 of the North Dakota Constitution require adequate notice before imposition of a fine or penalty. Citations placed under windshield wipers that blow off in ND wind, electronic citations sent to wrong addresses, or notices that fail to inform of appeal rights all may fail constitutional due process. Particularly important when registration holds are placed without adequate notice of underlying citation.
Legal basis
U.S. Const. Amend. XIV; ND Const. Art. I §12; Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)
Sample appeal wording
TO: [CITY] / Hearing Officer RE: Citation #[NUMBER] - Due Process Challenge This citation must be dismissed for failure to provide constitutional due process. 1. The original citation was [NEVER RECEIVED / SENT TO WRONG ADDRESS / BLOWN OFF VEHICLE] 2. First notice I received was [REGISTRATION HOLD / COLLECTIONS / LATE FEE] 3. By that time, my opportunity to contest the underlying violation was [TIME-LIMITED / FORECLOSED] Under Mullane v. Central Hanover Bank, 339 U.S. 306 (1950), and the Due Process Clauses of the Fourteenth Amendment and ND Constitution Article I §12, due process requires notice 'reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action.' Notice that fails to actually inform the cited party violates due process. I request: (1) dismissal of underlying citation, (2) removal of all late fees and registration holds, (3) restoration to status quo ante. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- ND Constitution Article I §12
- Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)