mitigating circumstancesUnited States · Florida (Statewide)Difficulty: Easy
Vehicle Mechanical Breakdown
Vehicles that became inoperative due to mechanical failure are not 'parked' for purposes of most municipal ordinances. F.S. §316.071 obligates motorists to remove disabled vehicles when feasible but does not require the impossible. A documented breakdown, tow ticket, or repair invoice on the citation date is a complete defense to expired-meter or no-parking citations.
Legal basis
Florida Statute §316.071; case law (e.g., State v. Pratt, 386 So. 2d 1249 (Fla. 4th DCA 1980))
Sample appeal wording
TO: [HEARING OFFICER] RE: Citation # [#] The vehicle was not lawfully 'parked' but was disabled due to mechanical failure on [DATE] at [LOCATION]. Attached are: (A) AAA / tow service receipt with dispatch and arrival times; (B) repair invoice from [SHOP] dated [DATE]; (C) photo of vehicle with hazards activated. Under §316.071, Fla. Stat., a disabled vehicle is treated differently from one voluntarily parked. Dismissal is requested. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §316.071
- State v. Pratt, 386 So. 2d 1249 (Fla. 4th DCA 1980)