Is a medical emergency a winning defense?
You get a call late at night from your Mom. She’s 84 years old and lives alone. She can’t catch her breath. You race to her home, pick her up, and head for the nearest hospital emergency room. Just as you expected, no place to park and you are faced with a life-threatening medical emergency. You have no time to lose, so you park your car in the first available space.
You got your Mom to the hospital just in time. Later that morning, you return to your car, and what do you see stuck on your windshield. Yup. A parking ticket. Is there anything you can do to beat that NYC parking ticket?
Absolutely. If you are involved in an unexpected medical emergency affecting a human being, you can raise the medical emergency as a defense to an NYC parking ticket.You will need to submit evidence of the medical emergency, such as:
- “Hospital or Clinic emergency admission paperwork”
- “Statement from medical staff indicating the nature of the emergency”
Raising a properly documented medical emergency as a defense to an NYC parking ticket doesn’t guaranty a dismissal, but it is a defense that is given serious consideration by the NYC parking ticket hearing officials.
Does a doctor or dentist license plate help to beat certain parking tickets?
The answer is yes.
N.Y. C. Traffic Rules, Section 4-08 (m)(4) spells out the NYC parking ticket law. Essentially, it allows parking on a roadway adjacent to hospitals or clinics for not to exceed three hours, where parking is prohibited by signs, but not where stopping or standing is prohibited.
N.Y. C. Traffic Rules, Section 4-08 (m)(4) spells out the NYC parking ticket law. Essentially, it allows parking on a roadway adjacent to hospitals or clinics for not to exceed three hours, where parking is prohibited by signs, but not where stopping or standing is prohibited.
At other locations where parking is prohibited by signs, but not where stopping or standing is prohibited, ” a duly licensed physician may park his/her motor vehicle, identified by “MD” or “DP” New York registration plates, for not to exceed one hour while actually attending to a patient in the immediate vicinity”.
A little confusing, of course. It’s a parking ticket law.
Here’s the text of the NYC parking rule:
“Parking of doctors’ and dentists’ vehicles. Where parking is prohibited by signs, but not where stopping or standing is prohibited, a duly licensed physician or dentist may park his/her motor vehicle, identified by “MD, “OP” or “DDS” New York registration plates, on a roadway adjacent to hospitals or clinics for a period not to exceed three hours. For the purposes of this paragraph, only those portions of a roadway corresponding to the shaded areas on the diagrams below (not included) shall be considered adjacent to a hospital or clinic. At other locations where parking is prohibited by signs, but not where stopping or standing is prohibited, a duly licensed physician may park his/her motor vehicle, identified by “MD” or “OP” New York registration plates, for a period not to exceed one hour while actually attending to a patient in the immediate vicinity”.
Have you ever raised a medical emergency as a defense to beat an NYC parking ticket? What happened? Was your NYC parking ticket dismissed?
Commentary
Excellent defenses. Don’t get caught short of presenting the proper proof to win.
I brought bleeding girlfriend to the ER, parked in front at the meter, displaying the handicapped sign on the windshield (legitimately) and by the time we came out of ER the vehicle had been towed away and the towing service was closed by that time. We had to take taxi to get home (23 miles), next day taxi to get to the garage, paid close to $300 for towing, storage and City of LA vehicle release fee and now, facing $93 parking violation citation fine.
What can be done, please advice? Thank you.
Alex
Dear Alex,
So sorry to hear about this disgraceful behavior. However, my knowledge is limited to parking rules in NYC. I regret to say that I can’t help you in LA.
Regards,
Larry
I am an MD who was attending to a medical emergency in the hospital (urgent ED consult), found a spot one block away from the hospital. I fed the muni meter until 3:20 but did not notice that there was a no standing restriction starting at 3. I received a ticket at 3:06 for violation of the no standing zone for $115. I do not currently have MD plates on my car. Do you think I will be able to successfully contest the ticket with a letter from my department chairman describing the nature of the emergency consult?
Hi AG,
Here’s the rule:
“Parking of doctors’ and dentists’ vehicles. Where parking is prohibited by signs, but not where stopping or standing is prohibited, a duly licensed physician or dentist may park his/her motor vehicle, identified by “MD,” “OP” or “DDS” New York registration plates, on a roadway adjacent to hospitals or clinics for a period not to exceed three hours. For the purposes of this paragraph, only those portions of a roadway corresponding to the shaded areas on the diagrams below shall be considered adjacent to a hospital or clinic. At other locations where parking is prohibited by signs, but not where stopping or standing is prohibited, a duly licensed physician may park his/her motor vehicle, identified by “MD” or “OP” New York registration plates, for a period not to exceed one hour while actually attending to a patient in the immediate vicinity.”
According to the rule, it only applies to vehicles with MD plates on the car and the parking sign must be “adjacent to the hospital or clinic.”
You’ll have a pretty tough challenge to beat this ticket based on the clear language of the rule. But, I would give it my best shot with a letter from the department chairman and a copy of the medical records showing times that match the ticket.
Good luck.
Regards,
Larry
I took my sister for a radiation consultation. It lasted 7 hours. I have a white handicap card to park at a meter and not put money in. But it was also no standing 4-7pm. Due to the doctors problems with my sisters condition we returned to the car at 4:11 I have a docotors note and a copy of her handicap white card. Do I plead guilty with an expalanaton or not guilty? Thanks
Hi, Jayne,
So sorry to hear about your sister’s condition. My prayers go out to her and the family.
I’m afraid that a doctor’s note is not a defense to an expired meter violation. However,
many judges will accept a medical emergency as a defense.
I would plead not guilty and frame my defense as a medical emergency if the facts support it
and the doctor will provide you with a report explaining the medical emergency.
Good luck.
Regards,
Larry
Hello there. I had my MRI examination today I parked infront of the Elmhurst hospital on meter parking which was not in affection till 9am. I cam to the car by 8.55 and I had the penalty there already. Rhere is not olace whatsoever to park around at this time. What am I supposed to do? How can I get the ticke dismissed.
Hi, Martina,
Good morning.
Sorry to learn about your parking pain.
It looks like the Warrior couldn’t wait for the rule to go into effect. This happens a lot in Parking Ticket Land. However, it is a challenge to persuade a judge to dismiss the ticket.
You have to present facts in your favor. For example, you checked your watch in the hospital and knew how long the walk to your car would take…You checked your watch and the car clock and it said, 8:55 am, and facts that help prove you arrived back at your car at 8:55 am.
Good luck, Martina.
Regards,
Larry
Alex – I went to the hospital for an out-patient procedure and due to a complication (possible sign of stroke) they kept me until Friday PM – running every test under the sun! I live alone and was unable to move my car on Thursday so
I got a ticket. Can I fight this? If so, what proof do I need? Thanks, Mary
Hi Mary,
I hope you are well on your way to a full recovery.
I’m afraid a medical emergency is not a defense to a parking ticket when your car is parked at a different location.
I would check the front of your ticket for any mistakes with the required elements? If so, please get back in touch with me.
Regards,
Larry