mitigating circumstancesUnited States · Texas (Statewide)Difficulty: Easy
Vehicle Mechanical Breakdown / Flat Tire Defense
When a vehicle becomes mechanically disabled in a no-parking zone or at an expired meter, Texas hearing officers commonly dismiss citations on showing of a contemporaneous tow/repair receipt or AAA call record. Tex. Transp. Code § 545.301 specifically permits stopping in a no-parking zone for the time necessary to comply with the law if the vehicle is disabled.
Legal basis
Tex. Transp. Code § 545.301; § 545.302
Sample appeal wording
I request dismissal of citation [NUMBER]. At [TIME] on [DATE], my vehicle became mechanically disabled at [LOCATION] due to [FLAT TIRE / DEAD BATTERY / OVERHEATING / TRANSMISSION FAILURE]. Attached are: tow receipt / AAA dispatch record / repair invoice from [BUSINESS] dated [DATE] showing the vehicle was inoperable. Pursuant to Tex. Transp. Code § 545.301, stopping in such a location is permissible while the vehicle is disabled. I respectfully request dismissal.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Transp. Code §§ 545.301-545.302