handicapped parking ticket- do I have a case?

[cwahl]

A little update.. went by court records and no one called it in so I know I didn't "inconvenience" anyone.

My apt office also asked me if I noticed if the HC sign was up that night. I said I didn't pay attention but did see the new paint on the ground and they said well.. we have work orders for the day after you got the ticket that we put new HC signs up (they gave me a copy of this to show that only 1/2 the required signage was there the morning of the ticket).

I'll give you guys an update after the court date.. and for those saying.. walk a mile/park on the street was an option. I mapped it out... There is not an open retail/ parking on street area within a 3 mile radius of my apartment. I live smack dab in an entire area of gated communities.

and also for the He was given advanced notice.. and that I should have made arraingements. My original repave date was 3/22. It rained that day and I was never informed of when the new date would be... I found that out the night of the ticket.

[Caspers2SSRS]

Subscribed...........

[iHasCamaro]

Lol@fighting the system when you were in violation. The cops probably were drooling at the thought of construction that would entice people to park in those spots. Cops ALWAYS pick those kind of scenarios to ***** up because they make the most money that way with the least effort.

[Texasbeachbum]

What has happened to personal responsibility? You did the crime pay the fine. You knew it was wrong to park there before you left the car so take some responsibility and pay the fine.

[Scalded Dog]

It doesn't matter that nobody else "needed" the handicapped parking that night. It's the point that IF a disabled person had needed it, at least one space was occupied by a presumably able- bodied person.

It's sort of like trying to get out of a drunk driving ticket because you drove drunk but did not hit anything. A cop pulls you over, you score high on the BAL test, and get busted... there's not a decent judge on the planet who will dismiss it based on the argument that you did not crash into anything...

So, yes, it was an unfair loss of parking for the OP that evening, BUT, had a disabled person (or three) needed those parking spaces, it would have been far more of an unfair inconvenience to force them to walk a mile.

This armchair Wapner says, "Guilty as charged... pay the bailiff... don't do it again."

[badazss]

Well in pa if it is private property a cop can not go on the property unless the owner allows them
My truck was hit and run in a target parking lot and the cops told me they could not do anything
I would fight the ticket and maybe they were blind that night and saw the peaking spaces were blocked off

[SILVERHAWK]

Originally Posted by badazss

Well in pa if it is private property a cop can not go on the property unless the owner allows them
My truck was hit and run in a target parking lot and the cops told me they could not do anything
I would fight the ticket and maybe they were blind that night and saw the peaking spaces were blocked off

Maybe for certain things when talking about private residences but businesses for instance have public access and their handicapped and fire lanes are state mandated and fall under state law so they can be enforced by the police on private property. Some department policies state that they will not take accident reports on private property but that doesn't mean that they can't. For example...here the State Police in general will not come out for accidents on private property, where my dept will go out and do a report. There are only certain statutes that I can cite for though....insurance and license statutes are not applicable.

OP, I would try and get ahold of the officer and see if you can explain your situation.... especially if the ticket you were issued was a municipal summons. I get a few people a year who will come talk to me about a parking ticket I have issued, at least my supervisors will give me leeway when deciding on whether or not to "prosecute" the violation.

Sounds to me like someone called in a complaint about handicapped violations at your complex, thats normally how we come to enforce them and once its complained about, you have to cite for it...the officer may not have had a choice in the matter or he could have gotten in trouble for failure to take proper police action.

[jmaynard]

Originally Posted by badazss

Well in pa if it is private property a cop can not go on the property unless the owner allows them
My truck was hit and run in a target parking lot and the cops told me they could not do anything
I would fight the ticket and maybe they were blind that night and saw the peaking spaces were blocked off

Public parking lots are not private property in the sense you are refering. They CHOOSE not to handle accidents in public parking lots owned by private individuals, but traffic and code enforcement IS their option. IF they choose to write a ticket for parking in a handicap spot they can write it in any spot they can see someone parked unlawfully in. There is no RULE or law disallowing them this action in any state. In fact, even the owner can be cited on his own commercial property if he is not displaying a sticker or hang tag.

[jmaynard]

Originally Posted by SILVERHAWK

Maybe for certain things when talking about private residences but businesses for instance have public access and their handicapped and fire lanes are state mandated and fall under state law so they can be enforced by the police on private property. Some department policies state that they will not take accident reports on private property but that doesn't mean that they can't. For example...here the State Police in general will not come out for accidents on private property, where my dept will go out and do a report. There are only certain statutes that I can cite for though....insurance and license statutes are not applicable.

OP, I would try and get ahold of the officer and see if you can explain your situation.... especially if the ticket you were issued was a municipal summons. I get a few people a year who will come talk to me about a parking ticket I have issued, at least my supervisors will give me leeway when deciding on whether or not to "prosecute" the violation.

Sounds to me like someone called in a complaint about handicapped violations at your complex, thats normally how we come to enforce them and once its complained about, you have to cite for it...the officer may not have had a choice in the matter or he could have gotten in trouble for failure to take proper police action.

Yup, someone called OR this is a problem area and they are in heavy enforcement. You got the ticket and I doubt any judge will dismiss it. This type of violation is a sweet spot for many judges. Not many of them dont know someone who is handicapped so they are less than sympathetic. Park somewhere else and walk.

[SIN R G]

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?

Are you kidding me. What did you have amputated, half your brain? I am disabled and due to birth defects I have had to deal with over 25 surgeries in my lifetime and I can still hardly walk. You have no idea the pain I deal with every day, or the pain I deal with even walking the short distance from a disabled parking spot. Most stores I go to the first thing I have to grab is a shopping cart so I can lean on it and get around. I almost never go to a mall because I spend more time looking for places to sit and rest. On top of all this pain I still work everyday instead of staying home and collecting government handouts, even thought I am probably very capable of getting total disability. You sound like the kind of person that makes the comments to me when I do park in a disabled parking spot like, "You drive a car like that, but you need a handicap parking spot". Because I am disabled am I supposed to drive a rusted out 1991 Toyota pickup truck and stay locked up in a mobil home? I may be disabled and I can hardly walk, but I am a much larger person than you will ever be. I can't believe in this day and time there are still people like you that can make a statement like this.

And to the OP. You parked in a handicap parking spot,you knew it was wrong and you got caught. Man up and pay the fine. There may be the day you will need a disabled parking spot, how will you feel if you can't use it because someone like you already has?

[WheelmanSS]

Originally Posted by SIN R G

Are you kidding me. What did you have amputated, half your brain? I am disabled and due to birth defects I have had to deal with over 25 surgeries in my lifetime and I can still hardly walk. You have no idea the pain I deal with every day, or the pain I deal with even walking the short distance from a disabled parking spot. Most stores I go to the first thing I have to grab is a shopping cart so I can lean on it and get around. I almost never go to a mall because I spend more time looking for places to sit and rest. On top of all this pain I still work everyday instead of staying home and collecting government handouts, even thought I am probably very capable of getting total disability. You sound like the kind of person that makes the comments to me when I do park in a disabled parking spot like, "You drive a car like that, but you need a handicap parking spot". Because I am disabled am I supposed to drive a rusted out 1991 Toyota pickup truck and stay locked up in a mobil home? I may be disabled and I can hardly walk, but I am a much larger person than you will ever be. I can't believe in this day and time there are still people like you that can make a statement like this.

And to the OP. You parked in a handicap parking spot,you knew it was wrong and you got caught. Man up and pay the fine. There may be the day you will need a disabled parking spot, how will you feel if you can't use it because someone like you already has?

Thank you

"amputee" my ass. The guy is just an ignorant idiot. Ignore him.

[90503]

Originally Posted by WheelmanSS

Thank you

"amputee" my ass. The guy is just an ignorant idiot. Ignore him.

Not judging anybody at all...but I'm sure a lot of folks who could park legally in a handicap spot, don't do it because they know there's someone worse off than them who really needs it...just sayin'...

[WheelmanSS]

Originally Posted by 90503

Not judging anybody at all...but I'm sure a lot of folks who could park legally in a handicap spot, don't do it because they know there's someone worse off than them who really needs it...just sayin'...

Not the point.

Dude was saying handicapped space serve no purpose and should be eliminated.

[90503]

Originally Posted by WheelmanSS

Not the point.

Dude was saying handicapped space serve no purpose and should be eliminated.

Got it...missed that...sorry...