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  1. #1
    briin79 is offline Junior Member
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    Handicap parking ticket

    This happened in Tampa, FL. Just got a ticket for parking in a handicap zone with van access.
    i was not within the blue lines, however i was in the striped white ones next to it. I understand the need for this. This is in my apartment complex where they have many "reserved" parking spots for other tenants. This causes many open "reserved" spots and no regular ones. Now heres the kicker. This handicap spot was changed about 4 months ago. The spot used by the handicap person doesn't have a van or wheel chair. Its a 270$ fine. Id rather pay a lawyer then give this to the courts. Is there anything i can do? A side not on the ticket says pictures taken, Once again my tires aren't touching the blue lines. what can i do ? thanks for your help

    My car is the Stang. Here is a pic of what it looks like
    [url]http://i74.photobucket.com/albums/i258/briin79/PICT1570.jpg[/url]

    here is a pic of the sign posted. nothing about van access and a 100$ fine
    [url]http://i74.photobucket.com/albums/i258/briin79/PICT1571.jpg[/url]

    everyone parks where i did and nobody has gotten a ticket there yet here are some oil stains to prove everyone and their grandma does it. This is right next to a reserved parking spot
    [url]http://i74.photobucket.com/albums/i258/briin79/PICT1573.jpg[/url]
    Last edited by briin79; 01-30-2008 at 08:34 AM. Reason: add pics
  2. #2
    Zigner is offline Senior Member
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    1) EXACTLY what code section were you charged with violating?

    2) Generally (being said without knowing the answer to #1), you are not allowed to park in the hatch-mark area next to a handicap spot.
  3. #3
    briin79 is offline Junior Member
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    Dont know the code access. It shows violations parking in handicap,then written next to it shows "van access" as you can see in the pic, it says 100$ fine. On the sign it also doesnt state anything about van access. Just handicap parking. So would it have been better if i just parked in the spot and save 170$? it doesnt make any sense
  4. #4
    Zigner is offline Senior Member
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    1) My first answer stands

    2) Didn't like the answers you got on Yahoo!? You're going to get the same answers here.
  5. #5
    ErinMuffins is offline Junior Member
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    I have absolutely no legal advice to add, but being a double amputee who wears leg prosthetics, I believe I can add some insight into why it is SO IMPORATANT not to park with in the diagonal lines.

    People with limited mobility, but are not restricted to wheel chair, need the space to get in and out of their vehicles. I must swing my car door all the way open in order to get my legs out of the car and stand. My "feet" do not move like yours do (no bendy ankles), and frankly, the only reason I use a handicap placard is for the wider parking spaces. With out the space to enter and exit the vehicle, other people's vehicles can and likely will get damaged or worse, the less abled individual may not even be able to get to where they need to go.

    Parking lots are getting smaller and smaller while vehicles are getting larger and larger. The situation I bring up is not something most able bodied people would even think of. I recall a situation a few winters ago where I was blocked in by a vehicle and couldn't get into my car for over an hour until the other car moved because I can't just hop in on the passenger side and swing my legs over the counsel. Please try and leave more room around handicapped spaces. Your car doors will be much prettier and you won't have to pay those pesky fines.
  6. #6
    briin79 is offline Junior Member
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    Some answers i did like on yahoo. Your missing the point. Is it Justified to be fined 270 when the sign clearly states 100$. the sign does not specify van access as some other handicap signs do.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by briin79 View Post
    Some answers i did like on yahoo. Your missing the point. Is it Justified to be fined 270 when the sign clearly states 100$. the sign does not specify van access as some other handicap signs do.
    Without the actual section of code you were charged with, I won't help you more. Looks like you may need to make a phone call.
  8. #8
    justalayman is offline Senior Member
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    some of the requirements for a handicap parking spot in Florida:

    (c)1. Each parking space must be no less than 12 feet wide. parking access aisles must be no less than 5 feet wide and must be part of an accessible route to the building or facility entrance. In accordance with ADAAG s. 4.6.3, access aisles must be placed adjacent to accessible parking spaces; however, two accessible parking spaces may share a common access aisle. The access aisle must be striped diagonally to designate it as a no-parking zone.

    2. The parking access aisles are reserved for the temporary exclusive use of persons who have disabled parking permits and who require extra space to deploy a mobility device, lift, or ramp in order to exit from or enter a vehicle. parking is not allowed in an access aisle. Violators are subject to the same penalties that are imposed for illegally parking in parking spaces that are designated for persons who have disabilities. A vehicle may not be parked in an access aisle, even if the vehicle owner or passenger is disabled or owns a disabled parking permit.
    penalties:

    (6) One hundred dollars or the fine amount designated by county ordinance, plus court costs for illegally parking, under s. 316.1955, in a parking space provided for people who have disabilities. However, this fine will be waived if a person provides to the law enforcement agency that issued the citation for such a violation proof that the person committing the violation has a valid parking permit or license plate issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845, or s. 320.0848 or a signed affidavit that the owner of the disabled parking permit or license plate was present at the time the violation occurred, and that such a parking permit or license plate was valid at the time the violation occurred. The law enforcement officer, upon determining that all required documentation has been submitted verifying that the required parking permit or license plate was valid at the time of the violation, must sign an affidavit of compliance. Upon provision of the affidavit of compliance and payment of a dismissal fee of up to $7.50 to the clerk of the circuit court, the clerk shall dismiss the citation.
    PLUS:

    (4) A county or municipality may enact an ordinance providing a fine for the violation of s. 316.1955 in excess of the fine specified by s. 318.18(6), except that such a fine may not exceed $250. Any such ordinance may provide for the deposit of such fines in a separate county or municipal account to be used in the following manner:
    PLUS there were a lot of administrative fees and such so the $270 sure seems like a possibility.

    I found nothing that differentiated a van accessable spot from one not designated for a van in the crimes and penalties. There may be requirements to have such a spot in certain situations but it appears that there is no difference in penalties.

    So, pay the fine and quit parking there. Just because everybody else does it does not make it legal.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    some of the requirements for a handicap parking spot in Florida:...
    Wow, that's a ton of free legal research our OP just got - I hope he appreciates it!
  10. #10
    briin79 is offline Junior Member
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    sorry i didnt say thank you fast enough but thank you very much for your research. I appreciate you guys going out of your ways to help others. I just want to know if i was done wrong. I have the money and can afford to pay it, But not if its unjustified with the fine clearly being posted as 100$. The officr living in this complex lets everyone park there because he understands the BS availability we have in this complex, it was an outside officer that coasted the area and posted the ticket. i hink i have fd tecode your laking about.

    Hillsborough county ordinance # 98-4. tried to google it and all i could see was a schedule to amend this back in 2000. Once again i wont park there but want to make sure they arent unjustifiably overcharging me legally.
  11. #11
    seniorjudge is offline Senior Member
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    Probably the fine is $100 and the court costs are $170.
    There are two rules for success:

    (1) Never tell everything you know.
  12. #12
    Zigner is offline Senior Member
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    The sign underneath the handicap parking sign is NOT an official sign - it was probably posted as even more incentive for someone not to park there if they shouldn't.

    My guess is that the fine has changed, or the $100 refers to the basic fine, as opposed to a county-enacted fine.

    You COULD call and ask why it's $270
  13. #13
    The Occultist is offline Senior Member
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    OP, just be warned that "everybody else does it" is not a valid defense in court.
  14. #14
    justalayman is offline Senior Member
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    did anybody actually read my post? I posted a section that would allow a governmental agency to tack on additional fines, above and beyond the state fine of $100. After that,OP did post something that stated that Broward county was at least considering such an ordinance.

    4) A county or municipality may enact an ordinance providing a fine for the violation of s. 316.1955 in excess of the fine specified by s. 318.18(6), except that such a fine may not exceed $250. Any such ordinance may provide for the deposit of such fines in a separate county or municipal account to be used in the following manner:
  15. #15
    Zigner is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    did anybody actually read my post? I posted a section that would allow a governmental agency to tack on additional fines, above and beyond the state fine of $100. After that,OP did post something that stated that Broward county was at least considering such an ordinance.
    I read it - that's what my last post was based on

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