Material Error on the Citation – Wrong Plate, VIN, Make, Color, or Location
Tex. Transp. Code § 543.005 and Tex. Code of Crim. Proc. art. 14.06 require a citation to state the offence with reasonable particularity, including correct identification of the vehicle. A citation that lists the wrong plate, wrong make/model, wrong VIN, or a clearly wrong location is voidable for lack of specificity. Even minor errors that change the identification of the vehicle (e.g., 'BLU' when the car is white) can be fatal because the city cannot prove the registered owner is the same person who committed the offence.
Legal basis
Tex. Transp. Code § 543.005; Tex. Code of Criminal Procedure art. 14.06, art. 27.09; § 682.008 (registered-owner presumption)
Sample appeal wording
I move to dismiss citation [NUMBER]. The citation contains material error(s) that defeat the State's identification of my vehicle: [SELECT — Plate listed: [X], actual: [Y]; Make/Model listed: [X], actual: [Y]; Colour listed: [X], actual: [Y]; VIN listed: [X], actual: [Y]; Location listed: [X], actual block where vehicle was parked: [Y]]. Per Tex. Transp. Code § 543.005, the citation must state the offence with reasonable particularity. The State cannot rely on the § 682.008 registered-owner presumption when the vehicle described in the citation is not in fact mine. Dismissal requested.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Transp. Code § 543.005
- Tex. Code of Crim. Proc. art. 14.06
- Tex. Transp. Code § 682.008