Emergency / Medical Necessity Defense (Common Law)
Indiana common law and the doctrine of necessity (recognized in Patton v. State, 837 N.E.2d 576 (Ind. Ct. App. 2005), and applied to traffic offenses in numerous appellate decisions) excuse minor regulatory violations committed to avoid imminent serious harm. A vehicle parked illegally because the driver was experiencing a medical emergency, transporting an injured person, fleeing imminent danger, or responding to a direct safety threat (e.g., unfamiliar smell of gas, fire) is excused. Hearing officers are empowered to dismiss for 'good cause' and frequently do so on a documented necessity showing.
Legal basis
Indiana common-law necessity defense; Patton v. State, 837 N.E.2d 576; Indianapolis Rev. Code §431-403 (hearing officer discretion)
Sample appeal wording
TO: Indianapolis Parking Violations Bureau RE: Citation [TICKET_NUMBER] I request dismissal under the common-law necessity defense (Patton v. State, 837 N.E.2d 576) and the hearing officer's good-cause authority under §431-403. On [DATE] at [TIME] I parked in the cited location because [DESCRIBE EMERGENCY — heart attack, child injury, fleeing assailant, gas leak]. I had no reasonable alternative; the harm avoided greatly exceeded any harm caused by the parking violation. Evidence: (1) [ER discharge / ambulance bill / police report]; (2) sworn statement; (3) witness statement. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Patton v. State, 837 N.E.2d 576 (Ind. Ct. App. 2005)
- Indianapolis Rev. Code §431-403