statute of limitationsUnited States · New Mexico (Statewide)Difficulty: Medium
Two-Year SOL on Petty Misdemeanors – NMSA §30-1-8
NMSA §30-1-8(F) imposes a two-year statute of limitations on petty misdemeanors, which includes most parking violations. NMSA §30-1-8(D) imposes a one-year SOL on civil infractions. If a city refers an unpaid parking ticket to court more than the applicable period after issuance without filing a charging document, the prosecution is time-barred.
Legal basis
NMSA §30-1-8; State v. Lujan, 1991-NMSC-066
Sample appeal wording
IN THE [METRO/MAGISTRATE] COURT, [COUNTY] COUNTY State/City of [____] v. [NAME] Case No. [NUMBER] MOTION TO DISMISS – STATUTE OF LIMITATIONS The Defendant moves to dismiss under NMSA §30-1-8(F) (two-year SOL for petty misdemeanors) / §30-1-8(D) (one-year SOL for civil infractions). The citation was issued [DATE_ISSUED]. Charges were filed in this Court [DATE_FILED], more than [N] years later. Prosecution is time-barred. WHEREFORE the 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