statute of limitationsUnited States · South Dakota (Statewide)Difficulty: Easy
Two-Year SOL on Petty Offenses (SDCL §23A-42-2)
Under SDCL §23A-42-2, the prosecution of petty offenses (which includes most parking violations) must be commenced within two years of the offense. Stale parking citations - particularly those resurfacing through collections agencies or registration holds 2+ years later - are unenforceable.
Legal basis
SDCL §23A-42-2 (statute of limitations - petty offenses)
Sample appeal wording
TO: [CITY/COLLECTOR] RE: Citation #[NUMBER] - Statute of Limitations Defense Under SDCL §23A-42-2, prosecution of petty offenses must commence within two years of the offense. This citation, dated [DATE], is time-barred. I demand cancellation, removal of registration holds, and cessation of collection activity. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- https://sdlegislature.gov/Statutes/23A-42
- SDCL §23A-42-2