Extreme Weather Defense - North Dakota Severe Weather Hardship
North Dakota experiences extreme winters with -40°F temperatures, blizzard conditions, and 'Alberta Clipper' storms that create genuine emergency situations. Fargo and Grand Forks municipal courts have discretion under their administrative procedures to dismiss citations where compliance was impossible due to weather emergency, vehicle inoperability in extreme cold, or medical evacuation. Documentation of NWS storm warnings, emergency declarations, or vehicle service records substantially supports dismissal.
Legal basis
Common law impossibility/necessity defense; municipal court discretion; Fargo Municipal Code §8-0306 weather emergency provisions
Sample appeal wording
TO: [CITY] Parking Division RE: Citation #[NUMBER] - Request for Dismissal Based on Severe Weather Emergency Dear Hearing Officer: I request dismissal of Citation #[NUMBER] issued on [DATE] at [LOCATION] based on extreme weather circumstances making compliance impossible. Facts: 1. On [DATE], the National Weather Service issued [WARNING TYPE] for the [CITY] area 2. Temperature was [TEMP]°F with windchill of [WINDCHILL]°F 3. [DESCRIBE - vehicle would not start, medical emergency, blocked roads, etc.] 4. Attached documentation: NWS records, [vehicle service receipt / medical records / news reports] Under common-law principles of impossibility and necessity, citation in such circumstances would be inequitable. North Dakota law recognizes hearing officer discretion in such cases. I respectfully request dismissal. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- https://www.weather.gov/fgf/
- Fargo Municipal Code Chapter 8
- Common law necessity doctrine