Medical Emergency

[MaliS]

What is the name of your state? IL

Hello, I right now have a case for a moving violation in Chicago. I am a medical student and do not live in Chicago, but at the time I was there I was pulled over for speeding. I asked for a continuance from someone who could go to the court for me because I was NY at the time. There was a miscommunication and I missed the rescheduled traffic date, and now they have sent me a new date for late october which Im going to have to fly out of Baltimore to attend. I would like to plead not guilty for the moving violation becuase I beleive I have a good reason.

At the time of the moving violation I was driving 65 in a 45 mph zone with a practicing physician in the state of Illinois. We were speeding because of a situation that had occured and he felt that it was a Medical Emergency which he needed to attend to. The officer asked for a Medical License but he (the Physician) at the time was unable to furnish it to the officer.

At this point I have requested a letter from the practicing Physician stating that when the speeding ticket was given, at that time, it was indeed a Medical Emergency which he was on his way to assess, with me driving the vehicle. With the letter will be a copy of his medical license and It will be notarized (the letter). I plan on presenting this to the Traffic Judge and will than proceed to ask for the violation to be dismissed on grounds of Medical Emergency.

Please If anyone would have any advice for me it would be greatly appreciated. I realize that it would be cheaper just to pay the fine, but I feel that since it was indeed a medical emergency, I should not be fined a penalty for what I would think is a legitimate excuse and hope is valid in the traffic court.

With this do I have a chance to get the ticket dismissed?
Do you have any suggestions if you think I am doing something wrong, please any advice would be greatly appreciated.

Thank You,
Malis

[panzertanker]

Originally Posted by MaliS

What is the name of your state? IL

Hello, I right now have a case for a moving violation in Chicago. I am a medical student and do not live in Chicago, but at the time I was there I was pulled over for speeding. I asked for a continuance from someone who could go to the court for me because I was NY at the time. There was a miscommunication and I missed the rescheduled traffic date, and now they have sent me a new date for late october which Im going to have to fly out of Baltimore to attend. I would like to plead not guilty for the moving violation becuase I beleive I have a good reason.

At the time of the moving violation I was driving 65 in a 45 mph zone with a practicing physician in the state of Illinois. We were speeding because of a situation that had occured and he felt that it was a Medical Emergency which he needed to attend to. The officer asked for a Medical License but he at the time was unable to furnish it.

At this point I have requested a letter from the practicing Physician stating that when the speeding ticket was given, at that time, it was indeed a Medical Emergency which he was on his way to assess, with me driving the vehicle. With the letter will be a copy of his medical license and It will be notarized. I plan on presenting this to the Traffic Judge and will than proceed to ask for the violation to be dismissed on grounds of Medical Emergency.

Please If anyone would have any advice for me it would be greatly appreciated. I realize that it would be cheaper just to pay the fine, but I feel that since it was indeed a medical emergency, I should not be fined a penalty for what I would think is a legitimate excuse.

With this do I have a chance to get the ticket dismissed?
Do you have any suggestions if you think I am doing something wrong, please any advice would be greatly appreciated.

Thank You,
Malis

It is worth a shot, but no one knows how the judge will decide.

Are you really going to spend the amount of money to fly to chicago from baltimore, take time off, just to fight this???
Seems like the cost is greater in fighting than not fighting.....

[Shay-Pari'e]

I have to disagree Todd, (HUGS),

Unless he had lights and sirens going, he was an average driver on a public roadway. If it was truly an emergency an ambulance should have been called. He wasn't speeding back to a hospital, and this "Emergency" may not be an "Emergency" in others eyes.

[MaliS]

First I would like to thank you for your time, and your response

Is it possible If I had someone represent me and present the same information for me to the Judge.

The Letter I recieved says

******************************************************
NOTICE OF FAILURE TO APPEAR

You did not comply with the terms of your traffic case comprosed of 1 ticket(s) containing ticket #TGXXXXXX by not appearing on 09/__/2005 in room: CLO3 at 10.

It goes on to tell me where the new date and time is, then gives me these consequences

Your failure to appear will result in:
-JUDGEMENT OF CONVICTION FOR AMOUNT OF BAIL AND COSTS
-NOTIFICATION FOR SUSPENSION OF YOUR DRIVER'S LICENCE BEING SENT TO THE SECRETARY OF STATE'S OFFICE
******************************************************


Does this mean I myself HAVE to show up for this hearing now?
If it does I have no other choice but to fly to Chicago.

In case I have to go:
Will I still have the option of getting the fine reduce, or are they going to try to make me pay more?
Or with the current circumstances, am I better off just fighting it?

Thank You once again,
Malis

[Shay-Pari'e]

Your failure to appear will result in:
-JUDGEMENT OF CONVICTION FOR AMOUNT OF BAIL AND COSTS
-NOTIFICATION FOR SUSPENSION OF YOUR DRIVER'S LICENCE BEING SENT TO THE SECRETARY OF STATE'S OFFICE
******************************************************


Did you take care of your parking ticket?

[MaliS]

Thank you Mr.Paridise For your response,

The purpose of the notarized letter is that I would think that would change my status from being an "Average" driver, to that of a "Physician". With my understanding, I would think Physicians are normally offered some leeway with traffic laws and regulations in situations that may fall under medical emergency, like leeways that may be offered in parking fines (notice I say "think" because I am not sure and which is why I come for your valued advice and opinion which will shape the direction I choose). Also the Police officer asked for a Medical License at the time, which was not available. If it made no difference why would he ask for one?

Thank you, and I look forward to your response, and once again would like to thank you for your time

[MaliS]

It is a Moving Violation, and I had someone go to represent me on the date which they had set, but the individual who was supposed to represent me failed to appear on my behalf due to some miscommunication.

That is the letter I received just three days ago

[panzertanker]

Originally Posted by MaliS

Thank you Mr.Paridise For your response,

The purpose of the notarized letter is that I would think that would change my status from being an "Average" driver, to that of a "Physician". With my understanding, I would think Physicians are normally offered some leeway with traffic laws and regulations in situations that may fall under medical emergency, like leeways that may be offered in parking fines (notice I say "think" because I am not sure and which is why I come for your valued advice and opinion which will shape the direction I choose). Also the Police officer asked for a Medical License at the time, which was not available. If it made no difference why would he ask for one?

Thank you, and I look forward to your response, and once again would like to thank you for your time

He asked for it b/c it falls under his discretion to give you a ticket or not. Contrary to popular belief, police officers do not HAVE to give you a ticket for, say, speeding. They can give you a verbal or written warning if they so choose. This officer sounds like he may have been inclined to offer you leeway, IF you could prove you were a physician. Without that proof, he wrote you the ticket. You have now dug yourself a hole b/c you failed to appear.


Mr. PARIDISE ( ): I understand, and do not condone his speeding. Nor do I condone his use of "medical emergency" as a defense, without knowing the true nature of the "emergency". I have sped MANY times to the ED for an emergency to care for a patient. I technically have no defense for speeding except to offer that I am on my way to the emergency. The police officers know me, and therefore let me go, but they are not required to. Lights and sirens are not always available...
('course I usually stick my head out the window and yell...that gets people out of my way!)

[rmet4nzkx]

You might contact the traffic court and see if they allow telephonic appearances, this may or not be an option and there is a cost, much less than air fare, Rule 185. Telephone Conferences

Except as may be otherwise provided by rule of the circuit court, the court may, at a party's request, direct argument of any motion or discussion of any other matter by telephone conference without a court appearance. The court may further direct which party shall pay the cost of the telephone calls.


Adopted April 1, 1992, effective August 1, 1992.


Committee Comments

This rule was adopted as part of a package of measures to increase the use of electronic and telephonic technology and to simplify and make more efficient motion and conference practices. The availability of this alternative procedure may be modified by local rule, inasmuch as telephone conferencing may not be the most efficient way to handle motions, etc., in some circuits or counties.




Rule 186. Reserved

If that was your defense, you should have obtained that letter (affidivid/sworn declaration) and confirmaiton of liscense some time ago, prior to the original appearance, you should also check the local rules for the proper form of such a submission so it can be filed in advance of the date.

[CdwJava]

I do not believe that a doctor responding to a "medical emergency" is an exemption to justify speeding. Had you been in an accident, that excuse would cdrtainly not have absolved you of any liability because you were not operating an emergency vehicle at the time.

And ... uh ... precisely WHAT was the nature of this "emergency" that could ONLY have been attended to by your doctor passenger?

- Carl

[MaliS]

Thank you Mr.Paridise, Mr.Panzertanker, Mr.Met4nzkx, and Mr.Carl,

The advice that you have offered to me today is invaluable to me, and now I can figure out how to go about it, as you mentioned about the letter I will have that letter (affidivid/sworn declaration) taken care of as soon as possible.

Mr. Met4nzkx, the telephone conference option is a great and wonderful choice, but as you mentioned it may not be the best way to handle motions, especially since I am inexperienced.

If you want to know the story:
******************************************************
Mr. Carl, That emergency involved my 3 week old neice, or the Physicians Daughter, she appeared to be having an Allergic reaction and her face had swollen up in a period of 2 hours, and being that Im not a physician but a medical student I informed the Physician of the visible symptoms and needed him to personally make a decision about what to do with his daughter. Since the swelling was over a 2 hour period, he felt there was enough time for him to see her himself. I picked him up from the work and brought him home as quickly as possible (Getting the ticket in that process) for him to assess the need to bring her to the Childrens Hospital.

The consequences God forbid if it was an allergic reaction is death if not treated, fortunately it was something else which turned out to be minor, which at the end he decided there was no need for an ambulance.

Bottom line, it was treated as an emergency situation, a Medical Emergency, if she needed hospitalization, the childrens hospital was close enough to transport her there ourselves.

******************************************************
--I doubt the Traffic Judge will want to hear any of this, which Is why I avoided mentioning it earlier

Well, that is the story, and That is why Im going to try for a Medical Emergency, because the Physican with me at the time also Considered it a Medical Emergency.

I understand your time is of great value, and to give me some is a great honor, for that Gentlemen, I Thank you all your wonderful advice.
MaliS

[CdwJava]

Had it truly been an emergency, picking up the father and racing im home to make a decision could have been a fatal error. Placing the rest of the public in danger for something that was best left to paramedics in a marked emergency vehicle is not a bright move.

While I can understand the emotions involved, the fact of the matter is that there is no exemption for the violation. The judge might be lenient if he hears the story ... but he could just as easily be incensed that a doctor and a medical student would put themselves and the public at greater risk in this way.

I hope the girl is doing fine.

- Carl

[rmet4nzkx]

Originally Posted by MaliS

Thank you Mr.Paridise, Mr.Panzertanker, Mr.Met4nzkx, and Mr.Carl,

The advice that you have offered to me today is invaluable to me, and now I can figure out how to go about it, as you mentioned about the letter I will have that letter (affidivid/sworn declaration) taken care of as soon as possible.

Mr. Met4nzkx, the telephone conference option is a great and wonderful choice, but as you mentioned it may not be the best way to handle motions, especially since I am inexperienced.

If you want to know the story:
******************************************************
Mr. Carl, That emergency involved my 3 week old neice, or the Physicians Daughter, she appeared to be having an Allergic reaction and her face had swollen up in a period of 2 hours, and being that Im not a physician but a medical student I informed the Physician of the visible symptoms and needed him to personally make a decision about what to do with his daughter. Since the swelling was over a 2 hour period, he felt there was enough time for him to see her himself. I picked him up from the work and brought him home as quickly as possible (Getting the ticket in that process) for him to assess the need to bring her to the Childrens Hospital.

The consequences God forbid if it was an allergic reaction is death if not treated, fortunately it was something else which turned out to be minor, which at the end he decided there was no need for an ambulance.

Bottom line, it was treated as an emergency situation, a Medical Emergency, if she needed hospitalization, the childrens hospital was close enough to transport her there ourselves.

******************************************************
--I doubt the Traffic Judge will want to hear any of this, which Is why I avoided mentioning it earlier

Well, that is the story, and That is why Im going to try for a Medical Emergency, because the Physican with me at the time also Considered it a Medical Emergency.

I understand your time is of great value, and to give me some is a great honor, for that Gentlemen, I Thank you all your wonderful advice.
MaliS

What year are you?

Mr. Paridise is female
I am female as well, AKA "Doc" (eg. doctorate) to some on this board.

If the child was having an Anaphylactic Reaction, then, Diphenhydramine (Benadryl) would have been more appropriate in the mean time than speeding to examine her.

You may plead not guilty, but don't expect to get off.

What was the outcome?

[panzertanker]

Originally Posted by CdwJava

I do not believe that a doctor responding to a "medical emergency" is an exemption to justify speeding. Had you been in an accident, that excuse would cdrtainly not have absolved you of any liability because you were not operating an emergency vehicle at the time.

And ... uh ... precisely WHAT was the nature of this "emergency" that could ONLY have been attended to by your doctor passenger?

- Carl

I agree, Carl.
Unfortunately, I admit that I have sped many times while responding to emergencies. In my feeble defense, I am a first responder for that County, and have a red flashing light that I use....

[rmet4nzkx]

Originally Posted by panzertanker

I agree, Carl.
Unfortunately, I admit that I have sped many times while responding to emergencies. In my feeble defense, I am a first responder for that County, and have a red flashing light that I use....

And I had my Sheriff dept ID but never had to use it