blocked in by rude cop

[dumbcops42]

What is the name of your state (only U.S. law)?
IL
I was rolling thru a handicap park to turn around but a car was on the other side so i cudnt as i try to reverese a cop blocked me in. He took my DL n registration n as soon as he blocked me in took a picture of my car with the BRAKE LIGHTS ON . He was very rude n & when i wouldnt sign the citation he wouldnt give me back my DL & registration which idk understand why he needed in the first place in i was quote on quote parked then i wouldnt have been in the car. Should i fight this or just pay it cop very rude & maybe judge will be the same way.

 

[justalayman]

when you pulled into this parking space to pull through you didn't see the car on the other side of the line?

n i was quote on quote parked then i wouldnt have been in the car.

it is illegal whether you are in the car or not. You cannot utilize the HC parking spaces unless you have proper authority.

If you want to argue you were simply attempting to pull through, go to court and fight it. Then you can explain to the judge why you pulled completely into the parking space even with a car blocking your ability to pull through.

 

[Willlyjo]

What is the name of your state (only U.S. law)?
IL
I was rolling thru a handicap park to turn around but a car was on the other side so i cudnt as i try to reverese a cop blocked me in. He took my DL n registration n as soon as he blocked me in took a picture of my car with the BRAKE LIGHTS ON . He was very rude n & when i wouldnt sign the citation he wouldnt give me back my DL & registration which idk understand why he needed in the first place in i was quote on quote parked then i wouldnt have been in the car. Should i fight this or just pay it cop very rude & maybe judge will be the same way.

Take my advice and don't even try to fight it--don't waste your time.

Your excuse on its face looks pretty fishy. I don't believe a judge would buy it.

 

[Free_Advice]

What is the name of your state (only U.S. law)?
IL
I was rolling thru a handicap park to turn around but a car was on the other side so i cudnt as i try to reverese a cop blocked me in. He took my DL n registration n as soon as he blocked me in took a picture of my car with the BRAKE LIGHTS ON . He was very rude n & when i wouldnt sign the citation he wouldnt give me back my DL & registration which idk understand why he needed in the first place in i was quote on quote parked then i wouldnt have been in the car. Should i fight this or just pay it cop very rude & maybe judge will be the same way.

Is this on private property? In Illinois, the landowner must give permission for an officer to enforce traffic/parking laws. So perform a FOIA request with the town & town's PD to get this permission letter. Letters are good for a long time so if you find one give details about it or post it.

I am assuming you meant handicap parking space? You should check and see if the space is properly posted to (most are not). See MUTCD.

Cops can be rude -- be rude right back !

 

[Zigner]

Is this on private property? In Illinois, the landowner must give permission for an officer to enforce traffic/parking laws.

Please give a cite to back up your assertion that an officer must have permission from the private property owner in order to enforce handicap parking laws.

 

[Just Blue]

What is the name of your state (only U.S. law)?
IL
I was rolling thru a handicap park to turn around but a car was on the other side so i cudnt as i try to reverese a cop blocked me in. He took my DL n registration n as soon as he blocked me in took a picture of my car with the BRAKE LIGHTS ON . He was very rude n & when i wouldnt sign the citation he wouldnt give me back my DL & registration which idk understand why he needed in the first place in i was quote on quote parked then i wouldnt have been in the car. Should i fight this or just pay it cop very rude & maybe judge will be the same way.

I find it vastly interesting that you post this illiterate drivel and use the name "dumbcops42" as your user-name.

 

[randolph76]

Please give a cite to back up your assertion that an officer must have permission from the private property owner in order to enforce handicap parking laws.

From what I can tell from 625 ILCS 5/11‑209.1 and 625 ILCS 5/11‑209, it would seem that commercial enterprises can contract with their municipalities to have traffic laws enforced and on private land (residential) the owner can request that traffic code be enforced. Probably what he was referring to.

Since it was marked as handicapped I think it would be a safe bet that the private land owner had contracted with the municpality (e.g. Wal-Mart with the city of Naperville) to erect signs and once erected would be enforceable under 625 ILCS 5/11‑1301.3.

I'm almost positive that OP will find that the arrangements have been procured with the municipality and that this was an appropriate ticket.

 

[Antigone*]

Please give a cite to back up your assertion that an officer must have permission from the private property owner in order to enforce handicap parking laws.

I once knew a troll with a dog named LizzeB who couldn't back up his postings either

 

[Zigner]

Handicap parking laws are a different animal, randolph. My question was specific.

 

[randolph76]

Handicap parking laws are a different animal, randolph. My question was specific.

Correct. I was citing what he was probably referring to. The code for handicap parking is:

(625 ILCS 5/11‑1301.3) (from Ch. 95 1/2, par. 11‑1301.3)
Sec. 11‑1301.3. Unauthorized use of parking places reserved for persons with disabilities.
(a) It shall be prohibited to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, as defined by Section 1‑159.1, pursuant to Sections 3‑616, 11‑1301.1 or 11‑1301.2, or to a disabled veteran pursuant to Section 3‑609 of this Act, as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran, in any parking place, including any private or public offstreet parking facility, specifically reserved, by the posting of an official sign as designated under Section 11‑301, for motor vehicles displaying such registration plates. It shall be prohibited to park any motor vehicle in a designated access aisle adjacent to any parking place specifically reserved for persons with disabilities, by the posting of an official sign as designated under Section 11‑301, for motor vehicles displaying such registration plates. When using the parking privileges for persons with disabilities, the parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a parking decal or device containing the International symbol of access issued to persons with disabilities by any local authority, state, district, territory or foreign country shall be recognized by State and local authorities as a valid license plate or device and receive the same parking privileges as residents of this State.

This includes private property that displays signage/marked IAW Section 11‑301 of this code.

 

[Zigner]

Correct. I was citing what he was probably referring to. The code for handicap parking is:



This includes private property that displays signage/marked IAW Section 11‑301 of this code.

My intention was to get "Free_Advice" to slow down a bit and actually put at least a modicum of research in to his replies.

 

[randolph76]

My intention was to get "Free_Advice" to slow down a bit and actually put at least a modicum of research in to his replies.

Yeah, I know. I know a cop who had a while back told me something similar so it was like an ah-ha moment. Went to the code and found that. Typed it all out and lumped it together with traffic enforcement until I found that other section. I probably should have slowed down a bit myself

 

[Free_Advice]

From what I can tell from 625 ILCS 5/11‑209.1 and 625 ILCS 5/11‑209, it would seem that commercial enterprises can contract with their municipalities to have traffic laws enforced and on private land (residential) the owner can request that traffic code be enforced. Probably what he was referring to.

Since it was marked as handicapped I think it would be a safe bet that the private land owner had contracted with the municpality (e.g. Wal-Mart with the city of Naperville) to erect signs and once erected would be enforceable under 625 ILCS 5/11‑1301.3.

I'm almost positive that OP will find that the arrangements have been procured with the municipality and that this was an appropriate ticket.

I have been through this before in Illinois. I won the case due to two points: first, that there was no contract (judge agreed) & 2nd, not posted properly.

Sorry if I cannot remember every state & federal statue/code/CFR/federal register entry ... I give my information & I believe its correct. Its best to give information that is helpful, even if not complete. Seems as if some on this board thinks I am paid to post & have some responsibility to post statues & whatnot.

 

[randolph76]

I have been through this before in Illinois. I won the case due to two points: first, that there was no contract (judge agreed) & 2nd, not posted properly.

Sorry if I cannot remember every state & federal statue/code/CFR/federal register entry ... I give my information & I believe its correct. Its best to give information that is helpful, even if not complete. Seems as if some on this board thinks I am paid to post & have some responsibility to post statues & whatnot.

Was it for a handicap parking violation?

 

[Willlyjo]

My intention was to get "Free_Advice" to slow down a bit and actually put at least a modicum of research in to his replies.

You should practice what you preach.