Medical Emergency Exception (RCW 46.61.450 / Common-Law Necessity)
Washington courts recognize the common-law necessity defense and several specific statutes (RCW 46.61.450 emergency vehicles; case law on private medical emergency) excusing parking violations when the driver was responding to or experiencing a medical emergency. Hearing examiners routinely dismiss when supported by ER records, EMT report, or physician note showing the driver/passenger had a medical event at the time/location of the citation.
Legal basis
RCW 46.61.450; common-law necessity; SMCT discretionary mitigation
Sample appeal wording
[COURT] RE: Notice [#] Defense: medical emergency / necessity. On [DATE/TIME] I parked at [LOCATION] in response to a medical emergency. Exhibit A: emergency-room discharge dated [DATE]. The vehicle was unattended for [#] minutes only because of the immediate need to obtain medical care. Under RCW 46.61.450 and the common-law necessity doctrine the citation should be dismissed. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.61.450
- WA case law: necessity defense