Home / Advice / Two-Year SOL on Class C Misdemeanor / Infraction Citations
statute of limitationsUnited States · Utah (Statewide)Difficulty: Medium

Two-Year SOL on Class C Misdemeanor / Infraction Citations

Utah Code §76-1-302 sets a one-year statute of limitations for infractions and a two-year SOL for Class B/C misdemeanors. Most parking citations are infractions under §41-6a-202. If the city refers an unpaid citation to Justice Court more than one year after the issue date without filing a charging document, prosecution is time-barred. Salt Lake City Justice Court and West Valley City regularly dismiss old referrals on motion.

Legal basis

Utah Code §76-1-302; §41-6a-202; URCrP 9

Sample appeal wording

IN THE [CITY] JUSTICE COURT State of Utah v. [NAME] Case No. [NUMBER] MOTION TO DISMISS – STATUTE OF LIMITATIONS The Defendant moves to dismiss under Utah Code §76-1-302(1)(d), which imposes a one-year statute of limitations on infractions. The citation was issued on [DATE_ISSUED]. No charging document was filed in this Court until [DATE_FILED], more than one year later. Prosecution is therefore time-barred. WHEREFORE Defendant respectfully requests dismissal with prejudice. /s/ [NAME] [DATE]

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

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.

Scan my ticket

Sources

Related

Get the Beat It app

Download on theApp StoreGET IT ONGoogle Play