• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Broward, FL - Handicap Parking ticket - after hours parking lot

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aindelicato

Junior Member
What is the name of your state? Florida

Hi All,

I'm not looking to beat the system, but hoping to find a way to make this fair.


Here's my story...

Friday afternoon, 2pm, my wife (6 mos. pregnant) went to the Emergency Room.

After her treatments and rest, about 8 hours later, she asked me to get her something to eat.

Well, 10pm on a friday night, only a handful of fastfood joints are open in the area. I found a Boston Market in a shopping plaza where ALL other businesses were closed. No other customers were in the Boston Market as they were closing as well. I quickly pulled up to the restaurant to get in before closing, not seeing the sign as it wasn't illuminated, and not noticing the blue paint as it was faded and of course it's 10pm and I'm exhausted.

Long story short, I was in & out in less than 10 minutes... when I come out to a Citizen's Patrol car. The gentlemen had to be near 80 yrs old, waving a flashlight in my eyes and pointing to the sign.

From the patrol car came a woman, younger than her partner. I asked for a warning and explained my situation, but she could care less.

So my question is:

Does the handicap parking apply 24x7x365? Clearly, I didn't cause anyone any harm or take away a space from an actual handicap patron. No one was there!

The only mistake I see on the citation is the make of vehicle was incorrectly written. I drive a VW Passat and she wrote a VW Jetta.


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.
 
Last edited:


The Occultist

Senior Member
Did the handicap parking sign have a set of hours posted for which handicap parking was enforced? No? Didn't think so. You're not gonna find any sympathizers here.
 

aindelicato

Junior Member
Did the handicap parking sign have a set of hours posted for which handicap parking was enforced? No? Didn't think so. You're not gonna find any sympathizers here.
Is this FREEADVICE.COM or come-post-a-question-and-wait-for-a-prick-to-be-sarcastic.com?

Are you just pissed at people who make mistakes by parking in a stupid blue space or does it offend you because you actually had to be retarded to get your window decal?
 

janeyal

Junior Member
Stupid Blue Space

My husband is disabled by a spinal cord injury from an accident. He has to use "Stupid Blue Spaces" in order to be able to go into places like Boston Market. I hope you or anyone in your family never have to use those "Stupid Blue Spaces" and find someone who doesn't need it parked there. Geez.
 

Zigner

Senior Member, Non-Attorney
Is this FREEADVICE.COM or come-post-a-question-and-wait-for-a-prick-to-be-sarcastic.com?

Are you just pissed at people who make mistakes by parking in a stupid blue space or does it offend you because you actually had to be retarded to get your window decal?
At first I thought your act of parking in the Handicap spot was a simple mistake - but now I'm convinced that you blatantly ignored the markings because you were tired.
No advice coming from me...
 

aindelicato

Junior Member
It sure as hell isn't get-the-CORRECT-LEGAL-ANSWER-and-act-like-a-jackass.com.:rolleyes:
And what gives you all the right to treat honest people coming here looking for help like we're morons?

If you can't help someone's situation.. Bash them? This is just your fun for you to treat people like they're stupid because you may know the law better than they do? This is the reason people come here, to get help. So if you want to treat us like we're stupid, then expect responses like mine.


As I stated in my original post it was late, I was tired, I was not level headed from being in the ER for so many hours. It was a mistake, one which you obviously hope & pray that I pay for.
 
Last edited:

aindelicato

Junior Member
At first I thought your act of parking in the Handicap spot was a simple mistake - but now I'm convinced that you blatantly ignored the markings because you were tired.
No advice coming from me...


If you are truly convinced that someone who can be fatigued (tired) and emotionally drained from a long day of having his wife and unborn child in the Emergency Room chose to blatantly ignore a sign in a parking lot, then KEEP YOUR ADVICE, because I wouldn't want it from someone like you!
 

aindelicato

Junior Member
My husband is disabled by a spinal cord injury from an accident. He has to use "Stupid Blue Spaces" in order to be able to go into places like Boston Market. I hope you or anyone in your family never have to use those "Stupid Blue Spaces" and find someone who doesn't need it parked there. Geez.
Janeyal,

My apologies for belittling the "stupid blue spaces" I did not mean to offend you or your husband. I do have family members in wheelchairs and understand the importance of a handicap parking space.

I got hot-headed by the lack of help & support for which this site is supposed to exist.

Again, my apologies.
 

panzertanker

Senior Member
I got hot-headed by the lack of help & support for which this site is supposed to exist.
There was no lack of support or help.

You received the legally correct answer to your question:
Does the handicap parking apply 24x7x365?

Answer:
Yes.

Unfortunate that the cost is so much, however, it does not change the fact that you broke the law.

Look at it from a different angle:
3am and no one on the street.
You are tired and want to get home.
You go 10mph over the speed limit.
You get a ticket.
Still breaking the law, whether traffic existed or not.

Good luck with your soon-to-be newborn.:)
 
Quote: "Friday afternoon, 2pm, my wife (6 mos. pregnant) went to the Emergency Room."

Response: Irrelevant


Quote: After her treatments and rest, about 8 hours later, she asked me to get her something to eat.

Response: Was she or anyone in the car with you?

Quote: Well, 10pm on a Friday night, only a handful of fastfood joints are open in the area. I found a Boston Market in a shopping plaza where ALL other businesses were closed. No other customers were in the Boston Market as they were closing as well. I quickly pulled up to the restaurant to get in before closing, not seeing the sign as it wasn't illuminated, and not noticing the blue paint as it was faded and of course it's 10pm and I'm exhausted.

Response: not relevant

Quote: Long story short, I was in & out in less than 10 minutes... when I come out to a Citizen's Patrol car. The gentlemen had to be near 80 yrs old, waving a flashlight in my eyes and pointing to the sign.

Response: Was she or anyone in the car with you?

>CLIP<

Quote: Does the handicap parking apply 24x7x365? Clearly, I didn't cause anyone any harm or take away a space from an actual handicap patron. No one was there!

Response: Yes

Quote: The only mistake I see on the citation is the make of vehicle was incorrectly written. I drive a VW Passat and she wrote a VW Jetta.

Response: doesn't matter

Quote: 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.

Response: From the laws of New York City... "(4) Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading of unloading property to or from the curb."

As such, the only permissible actions you could have done was to discharge a passenger (if it was a minor, you can even take the minor indoors as long as it is quickly). I highly doubt that you picked up your dinner from the curb.

I hope this was helpful
 

The Occultist

Senior Member
I got hot-headed by the lack of help & support for which this site is supposed to exist.
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.
 

dalongboarda

Junior Member
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
 

justalayman

Senior Member
They act is if they're so flawless and have never have done anything wrong or never disregarded any rules, signs or regulations
None hear are innocent of making a mistake, either in general life or a legal mistake. The problem is you and this OP both seek to be supported for making your mistake. Not only do you want support but you still continue to refuse to accept the fact you have broken the law and did it intentionally.

As you have found, there is little support for those that break the law intentionally and then look for an excuse to be saved from the punishment, deserved punishment, that will soon follow.

You also have found that parking in a handicapped space is an especially touchy subject. I don't know about the others but with me it isn;t because I am handicapped nor is anybody I am closely associated with handicapped and in need of such parking accomodations.

The reason I am so strongly against your particular legal indescretion is that I do have sympathy for those that need such accomodations. I would gladly walk across the largest Wal-Mart parking lot so those unlucky enough to need and be allowed the use of the spaces can do so.

The problem is you are not here looking for true and just advice but looking for support and the means to avoid the punishment you deserve for knowingly and intentionally breaking the law.

You want advice, you got it. You want somebody to cry to and tell you you didn;t do anything wrong, go find you mom. At least be a big enough man to bring your own crying towel.
 

justalayman

Senior Member
Oh, and to your "no harm, no foul" comment;

unless you are a psychic with perfect reception, you cannot possibly foresee the future well enough to make the determination that you have and will not cause any harm.

This OP has no way of determining if one of the employees inside would be picked up by someone who would use the handicap spots. In your situation, you have no way of knowing exactly where every possibly vehicle that may need the loading area will be configured or what type of wheelchair is used and exactly how much space is needed to maneuver it.

Get over yourself. You, and this OP, are wrong. Why make a bigger deal about it than it is. Pay your fine. Learn from your mistakes and go on with life.

Let this experience make you a better person.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top