handicapped parking ticket- do I have a case?

[SleepWarz]

Remove handicap markings from said spot tommorrow night. Then ask wtf they were talking about.

And my mom is handicapped. Its no excuse to be a dick because your 'privileged' space is taken. Park in the back of the lot with all the other people with sore legs and screwed knees that don't want to ride society's tit of handouts.
So many people in here up on the 'handicapped parking justice' bandwagon. There is obviously no need for 3 spots like that. If its so bad drop the person off in front of the business in question with your hazards on, find a spot and join them.

[ravensjeff]

Originally Posted by 90503

It is true that not everyone who uses handicapped spots legally uses a wheelchair.
Also, the person who drives the car, must be the one who is entitled to park there. It can't be a relative or friend driving them. They will be cited, even if the handicapped person is the passenger.

This is wrong. The person who owns the placard needs to be present with the ID card that is for the placard (I am disabled).

If I get dropped off at the front door though, my brother wouldn't go park in a handicap spot and wait for me. He wouldn't do it, and I wouldn't want him to. Just have to use common sense and decency.

And don't judge a handicap person negatively just because we have a nice car. I don't know where that came from. I don't know about the other amputess who posted in this thread, but it doesn't take much for blisters to start from excessive walking/heat and then next thing you know, your back in the wheelchair (Or crutches) until it heals. You never know how lucky you have it until something happens to you.

[Scalded Dog]

Originally Posted by SleepWarz

Remove handicap markings from said spot tommorrow night. Then ask wtf they were talking about.

Yes, I know you were joking, but, just as info... every tow truck driver I know who does this type of towing carries a digital camera, snaps a pic of the vehicle parked in the wrong place, but he hooks and rolls. And SOME drivers even carry their own "Handicapped" or "No Parking" signs which they will pose strategically, take the pic, and then roll...

Anyway... you can pretty much bank on there being pics of the car, parked in a visibly parked Handicapped zone...

[SleepWarz]

Bringing your own signs is pretty sneeky.

[Scalded Dog]

Originally Posted by SleepWarz

Bringing your own signs is pretty sneeky.

Yeah.. not exactly ethical. Also a good way to get shot, if they get caught doing it...

[90503]

Originally Posted by ravensjeff

This is wrong. The person who owns the placard needs to be present with the ID card that is for the placard (I am disabled).

If I get dropped off at the front door though, my brother wouldn't go park in a handicap spot and wait for me. He wouldn't do it, and I wouldn't want him to. Just have to use common sense and decency.

And don't judge a handicap person negatively just because we have a nice car. I don't know where that came from. I don't know about the other amputess who posted in this thread, but it doesn't take much for blisters to start from excessive walking/heat and then next thing you know, your back in the wheelchair (Or crutches) until it heals. You never know how lucky you have it until something happens to you.

I respectfully have to disagree on one point...there are always newstories from time to time here in cal about a citation being issued to someone who drives a handicapped person, parks in the h-cap spot, and waits for them. They do get cited!...It sounds pretty petty, but its true, unfortunately.

I am well aware that h-capped folks have nice cars...absolutely nothing wrong with that...
Sometimes, however, its pretty obvious that the system is abused by some with petty "work" injuries, have a temp sticker, for the duration of their therapy on a little finger or whatever...
No one should be upset over the legitimate use of those spaces. They serve a great purpose.

[WheelmanSS]

Originally Posted by DarkneSS

Im an amputee.

If you can navigate the parking lot or the place you are at then why do you need to have special privilege to park?

I just love handicap spots at the mall. If you cant park at the distance everyone else does then how the hell are you going to navigate the mall?

Usually the spots are empty no matter where you go, same in this situation.

What is the logical reason that we need handicap spaces?

Too bad it wasn't ur fingers that were amputated

[Jrichards73]

Sorry not reading all of these but the main point is it is private property. It doesn't apply, the handicap spaces are designated by the property owner as a courtesy not as a requirement. Who is local PD to write that ticket or any ticket on private property? If I have a Camaro parking only in the driveway and then happen to park the Jeep in front of it can he give me a ticket? NO. The complex has the right to tow you, PD does not have the jurisdiction to police their parking. And add extenuating circumstances, I would go to court. Businesses are different then residences, its all about zoning.

[Coyotekiller]

Originally Posted by Jrichards73

Sorry not reading all of these but the main point is it is private property. It doesn't apply, the handicap spaces are designated by the property owner as a courtesy not as a requirement. Who is local PD to write that ticket or any ticket on private property? If I have a Camaro parking only in the driveway and then happen to park the Jeep in front of it can he give me a ticket? NO. The complex has the right to tow you, PD does not have the jurisdiction to police their parking. And add extenuating circumstances, I would go to court. Businesses are different then residences, its all about zoning.

The handicapped spaces are regulated by the state and enforced by local law enforcement. It's obviously not a "private" area if the cop can get in there to write you a ticket. Pay it and shut it. You were wrong and now you are learning the hard way about it.

[brantley847]

..whole lotta redunkulus ITT over a parking ticket.

1) pushing the court cases back and back... and back does not make the cop forget about this case. Cops forget about it after they drive away. That is why they take notes, and they are permitted to read directly from those notes in civil infration hearings. Only criminal hearings do they require the officer to go from independent recollection.

2) Cops DO routine area checks of apartment complexes. Why wouldn't you guys want that? Generally, when a new apartment complex or new management takes over they sign a mutual assistance agreement that grants police access to enforce not only criminal law, but civil in their gated complexes. This in itself creates a "public-access private" tag on that subdivision. They are not fully private communities. Vast majority of complexes choose this option because they get "free" security in the process. Most "private" communities are public access private, granting law enforcement the authority to roam their complex. Except some areas of California, it is very rare to see TRUE private property these days.

All of this is null and void however, because parking infractions that relate to handicapped parking and fire extinguishers/fire lanes can always be issued regardless if a community has agreed to that public-access agreement. If you have fire extinguishers or have requested the state provide your complex with the authority to establish handicapped parking.. then you have granted the state the means to enforce it. Period.

It was a legal issuance of a citation OP, you seem rather level headed outside of a few posters here... so I'd recommend getting an attorney, hoping the judge lowers the fine based on a good record... might even get lucky and the cop may not show. Generally, you will pay a set fee for the attorney that is lower than the fine amount. And heck, if you win it comes off your record completely. However, if fines are almost 400 dollars for that crap, my guess is that city is pretty serious about having their officers attend the hearings.

[LimaCharlie]

Originally Posted by WheelmanSS

Cool story, bro.

Again. A cop saw someone in a clearly marked, handicap spot. That = ticket. If the lot was being resurfaced or altered or got hit by a meteor, it is up to the ownership of the lot to designate alternative parking. And in order to meet regulations, a certain amount of handicap spots have to be allocated.

I'm sure this resurfacing was not done by surprise overnight. Plan accordingly.

I lived in an apartment where the lot was resurfaced. I had to park almost a mile away to find an appropriate space. Welcome to life.

100% agree.

[01pewterz28]

Originally Posted by brantley847

..whole lotta redunkulus ITT over a parking ticket.

1) pushing the court cases back and back... and back does not make the cop forget about this case. Cops forget about it after they drive away. That is why they take notes, and they are permitted to read directly from those notes in civil infration hearings. Only criminal hearings do they require the officer to go from independent recollection.

2) Cops DO routine area checks of apartment complexes. Why wouldn't you guys want that? Generally, when a new apartment complex or new management takes over they sign a mutual assistance agreement that grants police access to enforce not only criminal law, but civil in their gated complexes. This in itself creates a "public-access private" tag on that subdivision. They are not fully private communities. Vast majority of complexes choose this option because they get "free" security in the process. Most "private" communities are public access private, granting law enforcement the authority to roam their complex. Except some areas of California, it is very rare to see TRUE private property these days.

All of this is null and void however, because parking infractions that relate to handicapped parking and fire extinguishers/fire lanes can always be issued regardless if a community has agreed to that public-access agreement. If you have fire extinguishers or have requested the state provide your complex with the authority to establish handicapped parking.. then you have granted the state the means to enforce it. Period.

It was a legal issuance of a citation OP, you seem rather level headed outside of a few posters here... so I'd recommend getting an attorney, hoping the judge lowers the fine based on a good record... might even get lucky and the cop may not show. Generally, you will pay a set fee for the attorney that is lower than the fine amount. And heck, if you win it comes off your record completely. However, if fines are almost 400 dollars for that crap, my guess is that city is pretty serious about having their officers attend the hearings.

[Deke736]

Originally Posted by Jrichards73

Sorry not reading all of these but the main point is it is private property. It doesn't apply, the handicap spaces are designated by the property owner as a courtesy not as a requirement. Who is local PD to write that ticket or any ticket on private property? If I have a Camaro parking only in the driveway and then happen to park the Jeep in front of it can he give me a ticket? NO. The complex has the right to tow you, PD does not have the jurisdiction to police their parking. And add extenuating circumstances, I would go to court. Businesses are different then residences, its all about zoning.

It doesn't seem like you are aware of zoning requirements in place. I can tell you as a retail developer (with experience across the country), there are specific HC parking requirements for every zoning classification based on square footage, occupancy, and use of the buildings, which affects the number of parking spaces (both HC and standard spaces) on a parcel. They are not simply there as a "courtesy" by the owner as you put it. Handicap parking is one of the the few parking laws cops can enforce on private property for reasons state previously (federal and state ADA laws).

Originally Posted by 90503

I respectfully have to disagree on one point...there are always newstories from time to time here in cal about a citation being issued to someone who drives a handicapped person, parks in the h-cap spot, and waits for them. They do get cited!...It sounds pretty petty, but its true, unfortunately.

While CA laws may be very strict, I can also tell you from experience that the enforcement laws can vary from state to state. In IL (where I live) the person issued the HC placard only needs to be present to park in an HC space, meaning that the driver (a non-HC friend or relative) can legally park their vehicle if they are transporting the disabled person. My grandfather was legally blind and was driven everywhere by my grandmother and they were issed a HC placard for his disability. Surely the state knows that he wasn't the one driving due to his blindness, but they felt it was appropriate to issue a HC placard to allow the use of the designated parking spaces! So, if you are going to make a statement on the enforceability of laws, you should clarify that they may only apply to the state you live in and should not be taken as a universal application.

Back to the OP's point, while I do not agree that you should have parked in a HC space, it seems like you may have a case for extenuating circumstances. That being said, I wouldn't expect a whole lot of leinency from the court.

[steel insane]

WTF? Parking in the handicap spot & you aren't?

Bitchin' 'cause you got a ticket? Really?

Sheesh...