Handicap Parking Ticket - I Sympathize with you man..
Sorry ahead of time this is so long, but it struck a nerve. And aindelicato, I feel that I have answered most of your questions and concerns to the best of my ability. I am not a lawyer by any means. Just someone in a similar situation trying to help out.
I understand where you are coming from. I asked a question similar to this one except I am in Hawaii (half way around the world) and I parked my motorcycle the “demarcation of a handicapped spot”.
https://forum.freeadvice.com/showthread.php?t=35801 All I wanted was a little advice. Instead I was attacked on my morals, people told me how wrong they think I am, and why the handicap spots are there. They act is if they're so flawless and have never have done anything wrong or never disregarded any rules, signs or regulations. The people that do nothing but criticize the post and then belittle you by telling you information that you already know. (e.g. Unfortunate that the cost is so much, however, it does not change the fact that you broke the law.). I’ll give you credit; you are the first one to answer one of his questions. However, he knows that he broke the law therefore the second comment was completely unnecessary.
We are humans, we make mistakes.
No, you got hot-headed by the lack of people willing to jump up and say you're absolutely right and you're the victim and the law shouldn't apply to the tired. If you point out the specific statute that says it's ok to break the law when you're tired, then I will issue a formal apology for the added heartbreak I have caused you.
I think most people know when they break a common law, but there are different degrees in which you can break the law. aindelicato here has admitted
An honest mistake, by a tired man, who spent the last 8 hours in the ER with a sick, pregnant wife shouldn't have to cost $250.
that he made a mistake. And you may even be correct to a certain point by saying that he came here to see if other people agree with him, but not necessarily to say that he claims
he is the victim and the law shouldn't apply to tired people. Not everyone that egocentric.
He obviously, like myself, see the "no harm no foul" rule coming into play here. If he is telling the truth, and there was nobody in the parking lot, what difference does it really make that he parks in a handicap spot for a few minutes? Chances are there was more then one handicap spot, not to mention the odds that more then one handicapped vehicle going to pull up with in those ten minutes. That's how I see it and assuming that his views are similar or we wouldn't be having this conversation. The reason he comes here (if I'm not mistaken) is to double check himself, and to find out if his thoughts and ideas are rational. By comparing your views with the views of others over the current situation you can then arrive at a general consensus; either he is being irrational and the punishment does fit the crime, or his thoughts are rational and comes to the conclusion that the punishment doesn't fit the crime. You can’t reasonably enforce the law verbatim, a competent officer would use his judgment and probably wouldn’t have even bothered pulling into the lot nevertheless write a $250 ticket. Even the police themselves apply this methodology, just because you are speeding 2 mph over the speed limit, doesn't mean you deserve to lose your license for 30 days and be charged outrageous fines. They will typically give you a warning, or if it does result in a ticket, it cost a lot less than if you were going 40 mph over then speed limit. I’ve even been pulled over for going 120 mph in a 60mph zone. Guess what, I didn’t get a ticket. Why can't that apply here as well?
For those of you who might have forgotten what advice means, or just never knew from the beginning, The American Heritage Dictionary defines advice as…
ad•vice (ād-vīs') noun
Opinion about what could or should be done about a situation or problem; counsel.
In order to give advice you would advise…
ad•vise –verb (used with object)
1. to give counsel to; offer an opinion or suggestion as worth following
2. to recommend as desirable, wise, prudent
3. to give (a person, group, etc.) information or notice (often followed by of):
–verb (used without object)
4. to take counsel; consult (usually followed by with)
5. to offer counsel; give advice:
I don't know when you received your ticket, but I am assuming, according to your post, that it was on Friday, March 9th. I know here in Hawaii and in most states you have 21 days to (let me get my ticket out..) either:
1) Admit to the infraction and pay the fee.
2) You can completely Deny the infraction in which you can (a) request a hearing and appear in person to contest the infraction. Or (b) Submit a written statement explaining the grounds on which you contest the infractions.
3) Admit to the infraction but explain mitigating circumstances. Once again you can (a) appear in person and explain the circumstances. Or (b) send a written statement explaining your circumstances to the judge.
I found all this on the back of my ticket so it may differ some from yours. You might want to check.
I know you have probably heard of the Fifth Amendment, here is in excerpt, "... nor be deprived of life, liberty, or property, without due process of law..." In other words you are innocent until proven guilty. Therefore I would suggest that you at least write explaining your mitigating circumstances. The worst that can happen is that you have to pay the full price. But if things work in your favor, then chances are the judge will sympathize with you either out of mercy or fairness.
Option three seems like the best, just like me you admit you parked in the "wrong" place, but by showing you sympathy to the judge you have a good chance of getting your ticket dropped, or at least lowered. At worst you lose the 30-45 minutes it took to write the paper and still have to pay the full. In the end you don't have anything to lose by the "admit but explain" method. I hope this helps at all. Sorry for the length.
Best of Luck!!
Brooks
Sources
advice." The American Heritage® Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. 25 Mar. 2007. <Dictionary.com>
http://dictionary.reference.com/browse/advice
advise." The American Heritage® Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. 25 Mar. 2007. <Dictionary.com>
http://dictionary.reference.com/browse/advice
My own - Parking in the "demarcation of a handicapped spot" ticket. (Inside Joke: Have to see the post on my question)
https://forum.freeadvice.com/showthread.php?t=358017