legal defenseUnited States · Massachusetts (Statewide)Difficulty: Moderate
Necessity / Emergency Doctrine
Common-law necessity defence applies to parking violations under Massachusetts law. Stopping in a no-parking zone, fire lane, or expired meter zone to render aid, respond to a medical emergency, avoid striking a pedestrian, or comply with a police directive negates the violation. Documentation (911 call records, hospital admission, photos) is critical.
Legal basis
Common law necessity; Commonwealth v. Hood, 389 Mass. 581 (1983); MGL c.90 §20A½
Sample appeal wording
Office of the Parking Clerk Re: Citation #[TICKET] I invoke the doctrine of necessity. On [DATE/TIME] I was responding to [MEDICAL EMERGENCY / RENDERING AID / POLICE DIRECTIVE]. Documentation enclosed: [911 INCIDENT #, ER ADMISSION, WITNESS STATEMENT]. A reasonable person in my position had no alternative. Under Commonwealth v. Hood and analogous parking adjudications I request dismissal. [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Commonwealth v. Hood, 389 Mass. 581
- MGL c.90 §20A½