Speeding Tickets for Doctors

[and justice for all]

My question involves a speeding ticket from the State of: Anywhere

Hi all
I have an interesting question regarding speeding:

A friend of mine told that his relative, who is a doctor, got away with speeding a few times by telling the cop that he was a doctor and he was called for the hospital for a medical emergency. Now, are doctors allowed to speed if there is a medical emergency?
If the cop decides to write the doctor a ticket, and the delay caused say, the death of a patient, will the cop be held responsible by any means? Or, CAN he cop be held responsible? Is it legal for the doctor to speed and the cop to stop him even after being told that the doctor is on his way to attend a life and death emergency where time is precious?

Thank you.

[EWYLTJ]

I doubt you will find any statutes to cover such a situation... I believe that is merely one of an infinite number of situations where it is left to the discretion and judgement of the cop. If I were he cop, I'm sure I'd just give him a police escort to the hospital.

[cyjeff]

Actually, there are VERY few police escorts given anymore.

Carl, when was the last time you heard of one that didn't involve the President or other high mucky muck?

Where an average Joe (or Dr. Joe) was given an escort?

[cdwjava]

Actually, there are VERY few police escorts given anymore.

Carl, when was the last time you heard of one that didn't involve the President or other high mucky muck?

Where an average Joe (or Dr. Joe) was given an escort?

Actually, I did that once ... a couple that was weaving in and out of traffic ... male driver said wife was miscarrying ... I had heard it before so I didn't buy it. He told me to look, I shined the flashlight on his wife's seat, and there was blood. Since we were about 1/2 mile from the hospital, I cleared the way with lights and sirens. Had we been further away, I would have called for an ambulance.

I have yet to come across a speeding doctor, but I have had to deal with speeding volunteer firemen. While they tend to be warned, they also tend to get a tail chewing from their Chief later on because we often relate it to the Chief.

- Carl

[and justice for all]

Actually, I did that once ... a couple that was weaving in and out of traffic ... male driver said wife was miscarrying ... I had heard it before so I didn't buy it. He told me to look, I shined the flashlight on his wife's seat, and there was blood. Since we were about 1/2 mile from the hospital, I cleared the way with lights and sirens. Had we been further away, I would have called for an ambulance.

I have yet to come across a speeding doctor, but I have had to deal with speeding volunteer firemen. While they tend to be warned, they also tend to get a tail chewing from their Chief later on because we often relate it to the Chief.

- Carl

Thank you Carl for the information.
I thought this will be interesting. Its in your state
http://articles.latimes.com/2004/mar...al/me-doctors4

I understand that this is one of the things left to the judgment of the officers. I have a couple of hypothetical questions:

1. If a cop stops a speeding doctor who claims he was summoned to the hospital to attend a life and death emergency, and the cop leaves him immediately, has the cop broken a law? If the doctor gets into a crash a couple of blocks away, can the cop be held responsible?

2. In the above case, if the cop proceeds to write a ticket (which we all know takes a good half hour), and the patient dies, will there be any ground to sue the cop? If yes, what are the chances of the cop being immune to that suit since he was carrying out his duties?

(I know this sounds ridiculous, but I had a long discussion about this, and neither me nor my friend know the law. So I decided to defer these questions to this forum)

Thank you for your time.

[cdwjava]

Thank you Carl for the information.
I thought this will be interesting. Its in your state
http://articles.latimes.com/2004/mar...al/me-doctors4

Of course "Spike" is no longer the Commissioner of the CHP, though he was correct. I have yet to see any such sticker or placard for a doctor, and I suspect if there was a mass casualty incident, they'd be given some slack. But, in all my years, I have yet to hear of a doctor being stopped for racing through traffic for an emergency at the hospital. This just doesn't happen with any regularity at all.

1. If a cop stops a speeding doctor who claims he was summoned to the hospital to attend a life and death emergency, and the cop leaves him immediately, has the cop broken a law? If the doctor gets into a crash a couple of blocks away, can the cop be held responsible?

Anyone can sue anyone else for anything. Would the officer be responsible? probably not. He is able to exercise discretion and let the doctor off with a warning to slow down. If the officer ostensibly gave PERMISSION to the doctor to speed, then the officer may be in a world of trouble. Only a fool would give out that kind of permission (which he lacks the authority to do) ... but, I suppose it could happen.

2. In the above case, if the cop proceeds to write a ticket (which we all know takes a good half hour), and the patient dies, will there be any ground to sue the cop? If yes, what are the chances of the cop being immune to that suit since he was carrying out his duties?

Again, he could be sued. But, the chances of the officer being successfully sued would be slim. As there is no way to verify the existence of an emergency in short order, and the plaintiff would have to show that it was those 8 minutes of the stop and citation that definitively caused the death of the patient (very unlikely), it would be a difficult case for a plaintiff to make that the officer contributed to the death in any way.


- Carl

[BOR]

My question involves a speeding ticket from the State of: Anywhere

Hi all
I have an interesting question regarding speeding:

A friend of mine told that his relative, who is a doctor, got away with speeding a few times by telling the cop that he was a doctor and he was called for the hospital for a medical emergency. Now, are doctors allowed to speed if there is a medical emergency?

What you are describing in the law is known as Justification.

WHY did the person break the law? There is no law that says it is permissable to run a red light when the driver next to you pulls a gun and starts shooting either, yet is a person to sit there and say "Hey, I can't run this light, it is against the law"!

Read this. The Father's defense was one of Justification. This made the national news.

http://www.boston.com/news/local/bre...e_rushing.html

As long as he was NOT reckless and endangering the lives of others, the Trooper who gave him a ticket needs to be ashamed of himself. IMO, it was an abuse of power, legal or not.

If the cop decides to write the doctor a ticket, and the delay caused say, the death of a patient, will the cop be held responsible by any means? Or, CAN he cop be held responsible? Is it legal for the doctor to speed and the cop to stop him even after being told that the doctor is on his way to attend a life and death emergency where time is precious?

Thank you.

Police enjoy was it is known as qualified immunity from civil lawsuits.

In order to overcome this burden, it must be shown they violated "clearly established" law. I personally have never read a case where such liability was imputed to an officer.

If we are talking a criminal charge, I see more of a chance here as when an officer "detains" a person, they do so under authority of the 4th Amendment.

If the detention was UNreasonable and a death occurred from it, they could face negligence charges.

[BOR]

Here is some PA Law, it is easy to sift through online:

Title 18:

CHAPTER 5. GENERAL PRINCIPLES OF JUSTIFICATION

(also known as the "necessity" defense)



http://weblinks.westlaw.com/toc/defa...3E272305B0D863


Read the FN annotations also.

[cdwjava]

Read this. The Father's defense was one of Justification. This made the national news.

http://www.boston.com/news/local/bre...e_rushing.html

As long as he was NOT reckless and endangering the lives of others, the Trooper who gave him a ticket needs to be ashamed of himself. IMO, it was an abuse of power, legal or not.

I disagree.

If the officer had good reason to believe the tale, perhaps ... but, I am here to tell you that people give us all manner of lies on traffic stops and many of them do tend to purportedly involve some grand medical emergency. As odd as it may seem, people actually lie to the police.

- Carl

[BOR]

I disagree.

If the officer had good reason to believe the tale, perhaps ... but, I am here to tell you that people give us all manner of lies on traffic stops and many of them do tend to purportedly involve some grand medical emergency. As odd as it may seem, people actually lie to the police.

- Carl

I understand excuses are always given. I have heard some wild ones. Do you happen to watch the show Speeders on True tv, formerly Court tv?

Then the Speeders in Court where the persons who were given tickets are now on camera to defend themselves. That show is even better!!


When a woman is pregnant and the father states they are on the way to the hospital, as I said, as long as they are not a danger to others, a little discretion needs to be used.


The point here is, if he was so bent on justice, all he had to do was find out later IF they indeed went to the hospital. If they did not, then he nails them for another crime in addition to driving in the wrong lane.

A citation for improper lane riding can be given later, why detain then on the scene.