MS 2023-11-R-MooreJr-November-3-2023-Commencement-of-Criminal-Proceedings November 3, 2023

In Mississippi, does a misdemeanor traffic ticket need a separate general affidavit to start a criminal case, or is the ticket itself enough?

Short answer: A traffic ticket is enough. Mississippi law treats a sworn traffic ticket as a 'sworn affidavit' satisfying § 21-23-7(1)'s requirement that criminal proceedings be brought by sworn complaint. The Mississippi Supreme Court confirmed this in *Wheeler v. Stewart*. No separate general affidavit is required.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

Alcorn County's attorney asked the AG whether a misdemeanor case can start with just a traffic ticket, or whether a separate general affidavit is also needed. The AG said the ticket alone suffices, as long as it has been sworn before filing.

The chain of reasoning:

§ 99-1-7 says a prosecution may be commenced by issuing a warrant, binding over the offender, recognizance, indictment, or affidavit.
§ 21-23-7(1) says criminal proceedings in municipal court are brought by sworn complaint filed in the court.
§ 63-9-21 is the Uniform Traffic Ticket Law, which prescribes the form and content of traffic citations.
The Mississippi Supreme Court in Wheeler v. Stewart, 798 So. 2d 386 (Miss. 2001) held that a traffic ticket meeting § 63-9-21's requirements counts as a "sworn affidavit" under § 21-23-7(1).
A 2008 AG opinion (Hogsett) confirmed that a ticket is an affidavit when sworn before filing.

So a sworn ticket is itself the charging instrument. It's both the affidavit and the document that commences the proceeding.

What this means for you

If you are a police officer or deputy

Make sure your traffic citation is sworn before filing. The form and oath language are typically built into the standard ticket book and software, but verify. A ticket issued without being sworn would not satisfy § 21-23-7(1) and could be challenged as not commencing a valid prosecution.

If you are a municipal judge or court clerk

When a sworn ticket comes in, you have a properly initiated misdemeanor case. You don't need to require a separate general affidavit. If a ticket arrives that hasn't been sworn (or shows signs of irregularity), that is a separate problem.

If you are a prosecutor

The sworn ticket is the charging instrument. Don't ask the officer to swear out an additional general affidavit on top of it; that's unnecessary and could create inconsistency between two charging documents.

If you are a defense attorney

The ticket itself is what your client is responding to. Look at the ticket carefully for the oath, the date, the officer's identification, and the elements of the offense. If the ticket was not sworn (or was sworn defectively), that is a possible motion-to-dismiss ground.

If you got a traffic ticket and are wondering whether it's a "real" charge

Yes, the ticket is the charge. You don't need to wait for additional paperwork. The ticket itself is enough to put you in court if you don't pay the fine or otherwise resolve it.

Common questions

Q: What is a "sworn affidavit"?
A: A statement of facts sworn to under oath before an officer authorized to administer oaths. Police officers issuing traffic tickets are typically authorized to administer oaths or to sign tickets that incorporate the oath.

Q: Does a non-traffic misdemeanor ticket also count?
A: The Wheeler court spoke specifically of traffic tickets meeting § 63-9-21. Non-traffic citations may follow different rules. Check the specific form and statutory authorization for your citation type.

Q: What if the officer didn't swear the ticket?
A: A non-sworn ticket may not satisfy § 21-23-7(1). The court could decline to proceed until a proper sworn complaint is filed.

Q: Can a municipal court reject a properly sworn ticket because it wants a general affidavit?
A: Not based on Mississippi law. The ticket meeting § 63-9-21 is itself a sworn affidavit under Wheeler.

Q: Does this work for circuit court too?
A: § 21-23-7(1) is about municipal courts. Circuit court generally proceeds by indictment, with affidavit a separate path. § 99-1-7 lists multiple methods for starting prosecutions.

Background and statutory framework

Mississippi has multiple ways to commence a criminal proceeding (§ 99-1-7): warrant, binding over, recognizance, indictment, or affidavit. For misdemeanor cases in municipal court, § 21-23-7(1) channels everything through "sworn complaint." The traffic ticket regime is a special-purpose tool: § 63-9-21 sets the form, and the Mississippi Supreme Court has held it satisfies § 21-23-7(1).

The result is administrative simplicity. Officers don't have to file two separate documents; the ticket does double duty as citation and complaint. The defendant gets one charging document to respond to, with all the elements of the offense.

Citations and references

Statutes:
- Miss. Code Ann. § 21-23-7(1) (criminal proceedings in municipal court by sworn complaint)
- Miss. Code Ann. § 63-9-21 (Uniform Traffic Ticket Law; required content of traffic citations)
- Miss. Code Ann. § 99-1-5 and § 99-1-7 (general criminal commencement framework)

Case:
- Wheeler v. Stewart, 798 So. 2d 386, 390 (Miss. 2001) (Mississippi Supreme Court, holding that a traffic ticket meeting § 63-9-21 constitutes a "sworn affidavit" under § 21-23-7(1))

Prior AG opinion referenced:
- MS AG Op., Hogsett (Feb. 29, 2008): a ticket is an affidavit when sworn prior to filing.

Source

Original opinion text

November 3, 2023

Robert G. Moore, Jr., Esq.
Attorney, Alcorn County
Post Office Box 1990
Corinth, Mississippi 38835

Re: Commencement of Criminal Proceedings

Dear Mr. Moore:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Is a general affidavit accompanying a misdemeanor ticket necessary to commence a criminal proceeding, or will a ticket/citation suffice to commence a criminal proceeding?

Brief Response

A ticket that has been sworn prior to filing will suffice to commence a criminal proceeding.

Applicable Law and Discussion

Mississippi Code Annotated Section 99-1-7, which provides the general requirements for the commencement of a prosecution, states: "A prosecution may be commenced, within the meaning of Section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit."

Section 21-23-7(1), which provides for the operation of municipal courts generally, states, in pertinent part: "Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court." The Mississippi Supreme Court has stated that a traffic ticket that contains the requirements cited in Section 63-9-21, the Uniform Traffic Ticket Law, constitutes a "sworn affidavit" as referred to in Section 21-23-7(1). Wheeler v. Stewart, 798 So. 2d 386, 390 (Miss. 2001). This office has previously opined that a ticket is an affidavit having been sworn prior to filing. MS AG Op., Hogsett at *1 (Feb. 29, 2008). Therefore, in response to your question, a ticket that has been sworn prior to filing will suffice to commence a criminal proceeding.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Gregory Alston
Gregory Alston
Special Assistant Attorney General