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Old 04-01-2012, 09:48 PM   #15
REDXIIIDave
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They still had to paint lines after the asphalt cools. That's probably why it was blocked off so long.
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Old 04-01-2012, 10:05 PM   #16
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Just pay it. Or get a lawyer and see if they can get it dropped. But I would look forward to paying it if I was you...
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Old 04-01-2012, 10:09 PM   #17
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if you go to court and lose you will u will have to pay the court fees based on your state. so best case it can get reduced or cost you between $50-150 more based on your court fee
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Old 04-01-2012, 10:11 PM   #18
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Pay it. My bf was a cop and gave these tickets all the time. The folks who tried to fight them, lost and ended up paying $250 in court costs + their ticket. The judge doesnt care what ur excuse is.
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Old 04-01-2012, 10:23 PM   #19
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Keep in mind its all up to the judge and we know that,not the cop, the cop gave the ticket for the violation he observed nothing further. The argument would be about the limited options the accused was given due to the negligence of the complex, that is what the focus needs to shift to, not the blatant violation, if you can manage to do so you have a shot, in the end the judge sometimes gives you a break for effort you have made to prove the reason of the violation, a statement from all of you would weigh heavily on that as well as the response from the apt complex.
I also work in LE and am just giving a personal suggestion from one C5er to another.
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Old 04-01-2012, 10:39 PM   #20
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I think all the judge is gonna say is "why didn't you just park farther away or in another spot?". And then he's gonna nail you with the charge anyway. I mean handicap laws are pretty black and white.
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Old 04-01-2012, 10:48 PM   #21
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unless you make more than $379 (plus court costs) per day at work, sounds worthwhile to fight it to me. I wouldn't go a far as getting a lawyer or anything.

as for your chances, will probably depend on the judge. if he's reasonable he'll probably cut you some slack and at least reduce it. If he's a hard ass he'll probably say it a safety issue and stick you with the whole thing.
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Old 04-01-2012, 11:09 PM   #22
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You don't have a case.
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Old 04-01-2012, 11:12 PM   #23
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Since there were no parking spots available I would get a letter from the mgmt of the apt. complex stating this. I would then go to court, and since you did park in the handicap spot you are guilty, but you can plead "I am guilty with extenuating circumstances. Those circumstances being every parking spot in the complex was taken due to the repaving." The mgmt of the apt complex should have alerted the Scottsdale PD to the fact and asked them not to give out tickets. The best you can hope for is the judge greatly reduces the fine, and if you are luckly dismiss it.

Good Luck.
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Old 04-01-2012, 11:18 PM   #24
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Just keep pushing the court date back as far as you can for various reasons, school, job, out of town, illness, etc. once they won't hear any more of it, say you want a trial by jury (your legal right) then it will get pushed back further and start to cost them money/be a pain. the main point here is you want the cop to forget about you, and your car- less likely he will be to show up. If he can't remember you he can't swear under oath.
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Old 04-01-2012, 11:20 PM   #25
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Lol, good ol scottsdale PD. hear about this in scottsdale quite often.
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Old 04-01-2012, 11:25 PM   #26
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Don't count on getting out of it no matter what the excuse.

I have a friend who is a quadraplegic. He forgot to put his handicap hanger on his mirror one morning at work. He has a handicap tag on his van. The van has no drivers seat, just a clamp that holds his wheelchair in place. Bottom line is he got a ticket for parking in a handicap spot.

He went to court for it, figuring the judge would notice he's confined to a wheelchair and let it slide. NOPE. He had to pay the fine and the court costs.
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Old 04-01-2012, 11:32 PM   #27
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Doesn't matter if you have to walk a mile if all the spaces are taken. This law is extremely black and white. Park in handicap spot, get ticket. Man up. I used to live in an apt structure and we had to find parking on the streets ALL the time because we are only assigned one spot. My room mates and I all walk that 1/4 mile back to the apt complex on most days and not once did we park in a handicap spot just outside our door.
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Old 04-01-2012, 11:45 PM   #28
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How do you fit a wheelchair in a ferrari?? I took this last year. If you got money you can do whatever you want.

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