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hearing officer discretionUnited States · Texas (Statewide)Difficulty: Easy

Mistake of Fact – Genuine, Reasonable Belief Vehicle Was Legally Parked

Texas administrative-adjudication hearing officers under Tex. Transp. Code Chapter 682 are empowered (§ 682.009) to find against the alleged violator only on a preponderance, and may dismiss in the interest of justice. A first-time, good-faith mistake — relying on an unclear sign, a conflicting attendant's instruction, GPS direction into a no-park zone, or visiting a hospital and parking where signage was ambiguous — frequently results in dismissal where the driver is articulate, polite, and brings any photographic evidence.

Legal basis

Tex. Transp. Code §§ 682.007-682.009

Sample appeal wording

I respectfully request dismissal in the interest of justice. I genuinely believed I was lawfully parked because [LIST — the sign was facing the wrong direction; an attendant directed me there; the construction barriers obscured the no-park line; my GPS said this was a public lot; I was a first-time visitor]. I have no prior parking citations in [CITY/COUNTY]. Photographs attached. I will gladly accept a warning. Pursuant to the hearing officer's discretion under Tex. Transp. Code § 682.009, I ask that the citation be dismissed.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Tex. Transp. Code Chapter 682
  • Texas Municipal Courts Education Center bench guide

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