Medical / Emergency Exception
Utah Code §41-6a-208 (emergency vehicles) and the common-law necessity defense (State v. Tuttle, 730 P.2d 630 (Utah 1986)) provide a complete defense to a parking violation when the driver/passenger was experiencing a medical emergency, transporting an emergency patient, or yielding to an active emergency response. Hearing officers in SLC, Provo, Ogden, and West Valley routinely dismiss with documentation (ER discharge papers, 911 call record, EMT report).
Legal basis
Utah Code §41-6a-208; State v. Tuttle, 730 P.2d 630 (Utah 1986); common-law necessity
Sample appeal wording
[CITY] Parking Hearing Officer RE: Citation #[CITATION] – Emergency Necessity Defense On [DATE] at [TIME] I parked at [LOCATION] in violation of [RESTRICTION] because [I/PASSENGER] was experiencing a medical emergency. I [drove the patient to the ER / called 911 / received emergency CPR instructions]. Documentation: - [ER discharge paperwork dated ___] - [911 call confirmation #___] Under the common-law necessity defense recognized in State v. Tuttle, 730 P.2d 630 (Utah 1986), and Utah Code §41-6a-208, I request dismissal. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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