Municipal Citation Statute of Limitations - 1 Year (22 O.S. §131)
Oklahoma's general statute of limitations for misdemeanor prosecutions is 3 years (22 O.S. §152), but for municipal ordinance violations (including parking), the limitation is 1 year (22 O.S. §131). If the municipality fails to file the citation in municipal court within one year of the alleged violation date, prosecution is time-barred. Many cities have backlog issues - particularly Tulsa Municipal Court and OKC for older private contractor citations - where citations are 'on file' but no court case has been initiated. The defense applies even after late notices arrive.
Legal basis
22 O.S. §131 (municipal ordinance limitations); 22 O.S. §152 (general misdemeanor); Oklahoma City v. Mayes, 1929 OK 87
Sample appeal wording
TO: [Municipal Court Clerk] RE: Citation #[CITATION_NUMBER] / Case #[CASE_NUMBER] MOTION TO DISMISS - STATUTE OF LIMITATIONS Dear Honorable Judge, I move for dismissal of citation #[CITATION_NUMBER] on the grounds that prosecution is time-barred under 22 O.S. §131. FACTS: - Alleged date of violation: [VIOLATION DATE] - Date case filed in municipal court: [FILING DATE] - Elapsed time: [X] months, exceeding one year LAW: 22 O.S. §131 provides that no person shall be prosecuted for a violation of a municipal ordinance unless the prosecution is commenced within one year after the commission of the offense. The Oklahoma Court of Criminal Appeals has consistently held that the running of the statute of limitations is a jurisdictional bar, not merely an affirmative defense subject to waiver. The city failed to commence prosecution within the statutory one-year period. The court therefore lacks jurisdiction over this matter. WHEREFORE, I respectfully request that this citation be DISMISSED WITH PREJUDICE. Respectfully submitted, [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 22 O.S. §131 - Municipal ordinance statute of limitations
- 22 O.S. §152 - General misdemeanor
- Oklahoma Court of Criminal Appeals precedent