handicapped parking ticket- do I have a case?

[hot_rod]

Man up! You parked in a handicapped spot. Pay the ticket!

Since you are able to..... walk!

....and by the way.... walking is good for you!

[BowtieBelle]

Originally Posted by cwahl

I want to start this thread by owning up to the fact that.. yes I did park in a handicapped spot and because of this.. the Scottsdale PD officer that gave me the ticket did so according to code... My question is though should I argue to at least try to get the 379 dollar fine reduced due to the reason I did park there?

The apt. complex I live in has been being re-surfaced 25% at a time day-by-day. I have a covered spot and wasn't affected the first 3 days as I had my spot. On Friday it was my parking places turn and that evening when I got home at 11pm I noticed there was no uncovered parking at all. I cruised through every building's parking area and every uncovered spot was taken. People were parked even in the car wash bay, in front of the trash cans, motorcycles on sidewalks, let's just say it was the mess that it had been the previous 3 nights and I was lucky enough to be able to avoid it then. We are also stuck parking in our complex as the complex next to us will tow and Scottsdale PD doesn't allow parking on the surrounding city streets...

Long story short.. the last 3 spots I found at 11 at night were handicapped parking spots. 3 of them spaced 5 spots apart. I took one thinking in the back of my head... no way I can get towed for this and if Scottsdale PD knew what was going on in this complex they wouldn’t take the freebies... at 530 AM when I got in my car to go to work I found my 379 ticket issued at 2:30 AM. I also noticed that the other 2 handicapped spots were empty but I did see tickets on pretty much every parking violation I had witnessed the night before. All I could get from my apt. office is a letter to take with me when I get to court and a "I wish they wouldn't take advantage of these opportunities when they see we have lots taken down" statement from the apt. manager.

Do you think with a letter I could get this fine at least reduced? I mean I admit I'm guilty but I'm looking for a break given the situation.

I work for a lawyer, and I'm telling you-- no, you won't be able to get it reduced. I know that isn't what you want to hear, but you just can't park in a handicapped spot; end of story. Sorry.

[WheelmanSS]

They don't care.

Parking in a handicap spot = ticket. Unless you have a permit to be there. Period. Case closed.

They don't care about "special circumstances". They hear that crap 890123491623459 times a day.

[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.

[meissen]

Originally Posted by Coyotekiller

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.

Originally Posted by LimaCharlie

You don't have a case.

Originally Posted by hot_rod

Man up! You parked in a handicapped spot. Pay the ticket!

Since you are able to..... walk!

....and by the way.... walking is good for you!

Did you guys even read his thread or just the title? His only two choices because his assigned parking spot was being resurfaced was to park in handicapped or tow zones. It's not like he parked there because he was lazy or was afraid of door dings or any other non sense, he literally didn't have any other choice because of the resurfacing project. I think that's a case. If the Judge does go against it, though, I'd be telling the apartment complex manager he's paying it since he breached the contract by not giving you an adequate parking spot in lieu of the resurfacing..

[Scalded Dog]

You gotta figure your risk: cost ratio.

I once parked on a street in Houston, parking metered for every parallel spot. Filled the meter, took care of business, and made it back to the car with 20 minutes to spare... and a violation ticket on my windshield. Looked around, and saw that EVERY single car on the entire block had a ticket... and most, perhaps all, had fully fed meters.

The fine was $50... or, I could fight it: Take a day off of work, get on a list... if I was lucky, they would call me up, and I could submit my plea of "not guilty." Then, a court date would be set. For that, I would arrive in the morning, and be on a "standby" list, and PROBABLY get called... or maybe the next day, or the day after, depending on how full the docket was. If/ when I finally DID get to present my case, it would be ME saying, "I swear the meter was full!" versus a sworn police officer's claim that I had been in violation.

Didn't matter if the issuing officer was there or not, whether I "won," (as if that was even a real possibility)... even if everything went REALLY well for me in fighting it, I'd STILL lose two days of work (minimum). And realistically, I'd lose. No point in fighting it, and thieving Houston PD/ meter mofos know that. FAR easier, cheaper to just pay up the $50, even if it is simply extortion.

Calculate your possibility of winning, and how much it would cost, even if everything goes in your favor. If you lose a $200 day of work, and figure you've got a slight chance of maybe getting a reduction or dismissal... well, you gotta weight the math for yourself.

[hot_rod]

Originally Posted by meissen

Did you guys even read his thread or just the title?

Yep, I read it...........

"....the last 3 spots I found at 11 at night were handicapped parking spots. 3 of them spaced 5 spots apart. I took one...."

[meissen]

As expected, didn't read the rest.

[BowtieBelle]

Originally Posted by meissen

Did you guys even read his thread or just the title? His only two choices because his assigned parking spot was being resurfaced was to park in handicapped or tow zones. It's not like he parked there because he was lazy or was afraid of door dings or any other non sense, he literally didn't have any other choice because of the resurfacing project. I think that's a case. If the Judge does go against it, though, I'd be telling the apartment complex manager he's paying it since he breached the contract by not giving you an adequate parking spot in lieu of the resurfacing..

Doesn't matter. He could have parked down the street. There is always another choice.

Now, yes, he could possibly get his manager to pay the ticket, that is an idea.

[WheelmanSS]

Originally Posted by meissen

Did you guys even read his thread or just the title? His only two choices because his assigned parking spot was being resurfaced was to park in handicapped or tow zones. It's not like he parked there because he was lazy or was afraid of door dings or any other non sense, he literally didn't have any other choice because of the resurfacing project. I think that's a case. If the Judge does go against it, though, I'd be telling the apartment complex manager he's paying it since he breached the contract by not giving you an adequate parking spot in lieu of the resurfacing..

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.

[DarkneSS]

Handicap parking spaces should be eliminated, such BS!

[WheelmanSS]

Originally Posted by DarkneSS

Handicap parking spaces should be eliminated, such BS!

Lemme know if you change your thoughts on that when you blow out your ACL or MCL.

[BowtieBelle]

Originally Posted by DarkneSS

Handicap parking spaces should be eliminated, such BS!

Originally Posted by WheelmanSS

Lemme know if you change your thoughts on that when you blow out your ACL or MCL.

[montreal2010yellow]

Like my 7 years old son at the time told me: That's crasy, I never saw an hadicaped person parking his wheel chair in those reserved places ? ? ? ?