Necessity Defense — Avoiding Greater Harm
Florida common-law necessity defense applies to civil parking infractions where the violation was committed to avoid an imminent and significant harm (e.g., parking in a no-parking zone to render aid to an injured person, fleeing a domestic-violence threat, or moving a stalled vehicle out of moving traffic). The defense requires (1) imminent harm, (2) no reasonable alternative, (3) defendant did not create the situation, and (4) harm avoided exceeded harm caused.
Legal basis
Common law; State v. Bobbitt, 415 So. 2d 724 (Fla. 1982)
Sample appeal wording
TO: [HEARING OFFICER] RE: Citation # [#] I assert the common-law defense of necessity. On [DATE] at [TIME], [DESCRIBE EMERGENCY — e.g., 'a passenger experienced a seizure and I parked at the curb to render aid until paramedics arrived']. The harm avoided ([life-threatening medical emergency]) far exceeded the harm caused ([brief curb obstruction]). No reasonable alternative existed. State v. Bobbitt, 415 So. 2d 724 (Fla. 1982). Dismissal is required. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- State v. Bobbitt, 415 So. 2d 724 (Fla. 1982)
- Florida common-law necessity doctrine