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Handicap, still got ticket!

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CdwJava

Senior Member
However, Illinois may not grant handicap placard bearers the same right to park in controlled parking areas that CA and other states might. And, there IS case law citing that it is unreasonable for officers in every state to know and/or follow the laws of every other state with regard to registration or equipment.

So, if IL law does not grant a specific exemption for handicapped parking in a permit parking zone, they are still well within their rights to cite for the violation. It is not their responsibility to know under what regulation or understanding the permitee was issued a placard.

Carl
 


You Are Guilty

Senior Member
NYC and NYS have two different placards (i.e. One is a hang tag from the rearview, the other is a little wheelchair symbol on the plate). The hang tag grants you -0- access to handicap spaces/privileges outside of the City. On the other hand, the State plate means you can park wherever you like.

(The reasoning is that the city's "requirement" to get the tag is lax, to say the least, while the state actually requires a real doctor to declare you disabled).

So, no, a city need not recognize another city's placard, because there is no guaranty that the other city's disability requirements follow the ADA's.


{edit}

I know Carl just said the same thing, but I we were typing at the same time. (I'm usually not retarded until Fridays.)
 

rmet4nzkx

Senior Member
Here is informaiton and numbers to call for clarification in Chicago, sorry I couldn't post the vehicle code but at least have toe links.

Disability Parking Placard and License Plates in Illinois
Reviewed March 2004

Author: Marcia J. Opp, BJ
Education Program Manager
Rehabilitation Institute of Chicago LIFE Center

If you have a disability and drive your own car or are driven in a private car, you may apply for a card and license plate that allows you to park in specially designated accessible parking spaces.
Applications are available from the Illinois Secretary of State’s Office at their web site http://www.sos.state.il.us; Go to Services; then go to Persons with Disabilities.

The two-page application is called “Persons with Disabilities Certification for Plates or Parking Placard.” It must be signed and completed by a physician and the applicant and then mailed to the Secretary of State, Non-Standard Plate Section, 501 S. 2nd St., Room 539, Springfield, IL 62756.

The Chicago Office is located at l7 N. State St., Suite 1137, and is open from 8 a.m. to 4:30 p.m. Monday through Friday.
The Illinois Secretary of State’s toll free number is 1-800-252-8980.

The Chicago office phone is 312-793-1010.
Or you may e-mail the Secretary of State’s Office at [email protected].

Accessible Parking

In Illinois, facilities that offer parking for employees or visitors must provide adequate accessible parking for persons with disabilities. The accessible parking space and nearby striped access space must be clear of obstructions at all times, including ice, snow, shopping carts, trash cans, potted plants, seasonal garden displays, bike racks, and wheelstops. All accessible spaces should be situated on level pavement.

Complaints about inaccessibility or improperly marked spaces should be addressed to the Disability Rights Bureau of the Illinois Attorney General’s Office.
Phone numbers for the Disability Rights Bureau are:
Chicago: 1-312-814-5684 or TTY: 1-312-814-3374;
Springfield: 1-217-785-5726 or TTY: 1-217-785-2771.
The web site is http://www.ag.state.il.us.
 
C

Chicagocoffee

Guest
Thanks for all the good information!! Is there a place on the internet where I can get those parking laws for the city of chicago incase they argue with me?
 

rmet4nzkx

Senior Member
Chicagocoffee said:
Thanks for all the good information!! Is there a place on the internet where I can get those parking laws for the city of chicago incase they argue with me?
I gave you the information in post #18
 
Handicap Placards Rule!

Boy, this is a good 'un we got going here. There's something to be said about knowing as many of those lil ordinances/statutes (that can get ya) as one can. Hell, lawyers don't know all those statutes (that's why they have paralegals to do the research). Cops certainly don't.

For example, Chicago Coffee should have had a DAY PASS PERMIT from whomever he was visiting in that Zoned Residential area. You place that in your window. The cop leaves you alone. Otherwise, expect a citation regardless of the Handicap placard--and fight it in court. THIS INFORMATION COMES COURTESY OF THE SECRETARY OF STATE, JESSIE WHITE'S OFFICE.
In general, the placard DOES NOT trump the local zoning laws in terms of being cited (this is per my research of calling 4 states just to check). In court, that's a different matter--and may well be worth a class action movement.

Do you win in court? Well, having been privy to the everyday trench warfare in traffic/criminal courts, it depends on the judge. Many times i've seen it thrown out. Why? Judges don't want to come down on somebody who is truly handicapped but was forced to park in a place because there was no place else to park (not to mention someone may have been parked illegally in your handicap spot or maybe they were all taken). You've got a good case. But NOT ALL will show this mercy. But i've seen it happen enough to know that it's pretty common.

So if you want to fight the citation, take your placard, documentation and the codes that support the handicap rights to court -- and see what happens. And hope for a judge with some common sense. You may get it thrown out in the hearing and just have to pay court costs.

"They say Lady Justice is blind but i do believe the old girl is peeking."
 
T

Tired_of_trying

Guest
CdwJava said:
A disabled placard does NOT exempt the bearer from other laws regarding parking. Unless the laws in the city where this occurred specifically say that a residential parking permit OR a disabled placard is required, the fine will likely stand.

Sorry.

Carl
Yeah.. but it says right on the placard (at least in CA) "When your placard is properly displayed, you may park in/on:
*Disabled Person Parking spaces (blue zones)* Metered zones without paying*Green zones without restricitions to time limits* Streets where preferential parking privilages are given to merchants and residents.

Heck I am disabled, a prior officer and prior parking control officer. I received a citation in the mail from a city I never even was in for a time expired parking violation, and I have disabled plates. I just sent in a copy of my registration, picture of my plates with the cute litle blue pic and a copy of my placard ID. They dismissed the ticket. Try sending them a copy of the placard and the placard ID.
 

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