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HandIcap ticket

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Big boy

Junior Member
What is the name of your state (only U.S. law)? Ca. I had got a handicap ticket when I was at a sporting event. What had happened was I dropped my father off with my brother and then went to go park when doing so I was asked for some paperwork to go with the handicap plate when I told the officer I didn't have it and tryed to explain what I had done I was told to pull off to the side and given a ticket and the plate was taken away from me. So I had call my mom to tell her what had happen she went to DMV the next day and told them what had happen and they gave her a new plate. I am wondering can someone go to jail for this and how would I explain this to the judge to let him know what had happen.
 


FlyingRon

Senior Member
You're only allowed to park in the space while carrying the disabled person to whom it was issued. The ticket here appears to be quite valid.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Ca. I had got a handicap ticket when I was at a sporting event. What had happened was I dropped my father off with my brother and then went to go park when doing so I was asked for some paperwork to go with the handicap plate when I told the officer I didn't have it and tryed to explain what I had done I was told to pull off to the side and given a ticket and the plate was taken away from me. So I had call my mom to tell her what had happen she went to DMV the next day and told them what had happen and they gave her a new plate. I am wondering can someone go to jail for this and how would I explain this to the judge to let him know what had happen.
Which one of your family members is the qualified handicapped person?

If it was your dad, then had you been there to just drop him off and park, you could have easily gone in and gotten him to prove to the officer that the vehicle with the handicapped plates was being used appropriately to transport the qualified handicapped person.

However, since you did not do that, and instead you called your Mom (who was not using the car nor a passenger, who ultimately went to DMV the next day to get re-issued plates), it sounds to me like the ticket and confiscation of the improperly used plates was spot on.

I'm sorry, but I think that the officer's BS meter was up and functioning perfectly here. The handicapped plates are issued as a privilege for handicapped drivers or persons who regularly transport them. They are NOT to be used by those able-bodied persons or other family members who have no need for them.

What you were cited for is considered Unlawful Use/Misuse of Handicapped Placard/Plates, and is considered handicapped parking fraud, and falls under California Vehicle Code 4461 VC. The penalties for this include confiscation of the placard/plates, along with a civil penalty of between $250 and $1,000, or if charged as a misdemeanor, can be punishable by up to six months in a county jail and the same fine. In addition to (or in lieu of) the fines listed above for violating Vehicle Code 4461, the court may impose a $1,500 civil penalty.

The law recognizes use of these special placards/plates as a privilege extended to those persons that need them, and frowns heavily upon those who take advantage and misuse it. The person to whom the plates were issued could also face problems because they allowed you to misuse the privileged plates as well. "You didn't have the paperwork" isn't going to fly here. You abused the privilege, and now (and the qualified handicapped person) are likely to pay some stiff penalties for your actions.
 

Zigner

Senior Member, Non-Attorney
If it was your dad, then had you been there to just drop him off and park, you could have easily gone in and gotten him to prove to the officer that the vehicle with the handicapped plates was being used appropriately to transport the qualified handicapped person.
This is the only thing I take exception with (the rest of your post was spot-on.) The ticketing officer is not going to stand around and wait for the driver to run inside and then return.
 

sandyclaus

Senior Member
This is the only thing I take exception with (the rest of your post was spot-on.) The ticketing officer is not going to stand around and wait for the driver to run inside and then return.
That's true. However, if OP had just dropped dad off, and he (dad) was the handicapped person, then he might not be moving quite so quickly (no offense, I'm just sayin').

But you are right. If the plates were on the car, then there should have been paperwork with the car, regardless of whether or not dad or mom, or whoever the qualified handicapped person was.
 

sandyclaus

Senior Member
What code section were you cited for violating?
Just by what he has already told us, I'm thinking it was California Vehicle Code 4461 VC. Especially since he says there was no paperwork in the vehicle for the handicapped plates, and the officer confiscated them there and then.

But we'll have to wait for OP's response (if it ever comes, which I suspect it probably won't).
 

CdwJava

Senior Member
I am curious, because he might have been cited for a couple of different things - perhaps something not even directly connected to a handicapped violation. Sometimes people think they were cited for one thing but the section is for another.

You are probably right, but, it would be nice to be sure.
 

Big boy

Junior Member
The code was cvc 4461 ( c ) and it was my dads plate nd the paper work was in my moms car and she was at home at the time. I had dropped my dad off with my brothers. The handicap plate is not registered by DMV to transport my dad anywhere. The reason I had call my mom was to tel her that the cop took the plate and wouldn't give it back. When I tryed to tell the cop what was going on he didn't want to hear it and I wasnt going to have my dad walk all the way back to the cop.I am at fault becuase yes I was trying to use that plate with my dad not being right there with me at the time. I am worried more about me going to jail becuase I just started to work and like everyone I have bills and house payment as well. I haven't had many tickets they all have been fix it tickets like tinted windows or like the 3rd brake light on top of my truck cab the light was to bright I had Bowtie in red nd the 4 corners were clear and Fremont CA cop pulled me over for it .
 

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