Officer Did Not Personally Witness Violation – No Sworn Complaint
Tex. Transp. Code § 543.003 and Tex. Code Crim. Proc. art. 14.06 require a citation for a Class C misdemeanor traffic offence to be supported by an officer's sworn complaint based on personal observation. Where a citation is issued by mail based on a tow operator's report, a private parking attendant's complaint, or a 'community service officer' who is not a sworn peace officer, the underlying complaint may be defective. Demand the sworn complaint at arraignment.
Legal basis
Tex. Transp. Code § 543.003; Tex. Code Crim. Proc. arts. 14.06, 27.14
Sample appeal wording
I demand the State produce the sworn complaint required by Tex. Code Crim. Proc. art. 14.06 and Tex. Transp. Code § 543.003. The citation was issued by [a private tow operator / a parking attendant / a non-sworn 'community service officer']. Without a peace officer's sworn complaint based on personal observation, the prosecution cannot proceed and the citation must be dismissed.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Transp. Code § 543.003
- Tex. Code Crim. Proc. art. 14.06