Can I "get out" of this ticket?

Question

Recently, I was driving my mother to our family GP as she was suffering a migraine and therefore was in no fit state to drive. She passed out and hit her head on the dash board, which caused a gash on her forehead. Naturally, I pulled over, but the only place I had to pull over in safely was a bus zone. Now, I realise full well that I am not permitted to pull over in a bus zone and what I did was illegal (especially whilst on my provisional license- P1 license), but I was not thinking about that at the time, because I was obviously very worried about my mother. I was pulled into this zone for about 15 minutes, until an ambulance arrived after I contacted 000 because my mother became unconscious. During this time, a parking ranger must have driven by, because a few days later I received a parking fine of $243 and was informed I would have 2 deremit points taken off my license for the offence. I have 3 weeks remaining to pay my fine, but when I rang my local council, who issued the fine, early last week, they told me that I should not be attempting to worm my way out of my fine. I'm willing to pay this fine if I must, but I feel rather put out given the situation and the fact that it was a matter whereby I had no other option - I was hardly going to allow my mother to bleed as she was until I could find a suitable place to pull over. How should I explain this situation and would it be possible to present my mother's forms (from when she was checked into and discharged from hospital) as proof of my claims? I'm just rather distressed that I was all but called a liar and I don't want the same to happen to anyone else who might find themselves in the same situation in the future.

Answer 1

Where do you live where there is no due process of law? Are you saying there is no way for you to plead "not guilty", send it in and get a court date? You need to get this in front of a judge or magistrate or whatever you have there. I would not pay it. Call a lawyer, someone that can offer free consultation. Heck, they shouldn't charge you for a parking ticket consultation anyway.

Why wouldn't the parking ranger stop to issue the citation in hand? That way he could confirm if there was in fact an emergency (and offer assistance, like any good public servant) or whether the summons was in fact warranted.

If there is no court hearing process, call the local council back and ask to be heard. Then bring in your paperwork proving an emergency.

One more thing- were you in or with the vehicle? Seems to me if you are in it, it is not "parked". Because you can move it. Unless your law specifically says stopped, rather than parked. I can't write someone a parking ticket if they are in the vehicle, I have to tell them to move it. But if it's unattended, then they get a ticket.

Good luck with your ticket and your mother.

Answer 2

I sympathise with you, and fully understand your situation.

The problem is that even if you had of called an ambulance to your mothers house instead of driving yourself, if the ambulance would have been prosecuted had he pulled over in a bus stop.

Emergency situations don't warrant special conditions for the drivers. Police, ambulance and fire truck drivers can still be prosecuted for accidents and infringements.

If i stoped in the middle of the road and claimed it was because my friend in the passenger seat had a sore knee and i was taking him to hospital, the police would p**s themselves laughing.

Elle, you say it yourself in you question "Now, I realise full well that I am not permitted to pull over in a bus zone and what I did was illegal (especially whilst on my provisional license- P1 license)"

You can't break the law, and then expect special circumstaces because of your particular situation.

Answer 3

Fight the case take all your informationn to court and tell them it was an emergency, place yourself on the mercy of the court and give all documents to the judge including the doctors records, Be sure to state it was the safeest place for you to pull over and that you were not there that long and that the trooper did not stop but only issued you a ticket which is derilict of duty of an officer who did not see what was going on and why you were in trouble.And for your defence tell the judge what would he do if it wasit was his mother or daugher?

Answer 4

I'd fight this one.

There's got to be some way to contest this fine, especially if you have proof in the way of documentation from the ambulance and hospital.

Good luck!

Answer 5

just go to court and tell the judge the story.  the judge will understand.  just bring a doctor's note of the incident