handicapped parking ticket

[redledges]

What is the name of your state? CA
I was cited for parking on the “blue stripes” adjacent to a handicapped parking space at a convenience store. I would never intentionally park in a handicapped space and here’s how I ended up making this mistake. This was my first visit to the store so I was unfamiliar with the “lay of the land”. As I pulled into the lot, the only available space was the handicapped spot. Just then, a car parked in the stall adjacent to the Handicapped stall was leaving so I waited for that car to move. I then pulled in to the opened stall. Unfortunately, the other car was parked on the blue stripes and I didn’t notice. Another factor, 8:05 a.m. and the sun was glaring directly into my car as I waited for the other car to leave. This was definitely a factor in my not seeing the faded blue stripes. I returned a couple of days later at the same time of day with my camera and took a photo that depicts the sunlight issue and also shows yet another car parked on the blue stripes exactly where I was cited. I also noticed on my return visit that the blue stripes were worn and faded. In a subsequent visit to the scene of the crime, I took 2 more photos of 2 other cars parked on the same faded stripes. I am ashamed to have ended up parking on the blue stripes but if there ever was an honest mistake, this is it. I’m considering submitting the photo and explanation to Administrative Review. Is there any hope that I could get the citation dismissed? Should I ask for a reduction of the fine? Any thoughts?

Thanks

S

[fedcop110]

Other vehicles parked illegally in the same manner as you is no defense or for that matter even mitigation. However, it can't hurt to go to court and tell the judge what you have written here. I don't think that you will get out of the ticket, but what the hey. Give it a shot if you have the time, transportation, etc...all of this is assuming that you have a clear driving history. Good luck.

[CdwJava]

I agree. Take a picture, present your reason, and see what happens. You only waste a little time and you might even save yourself a couple hundred bucks.

- Carl

[redledges]

Thanks for the response(s). I know that the photo of another car parked on the stripes does not exonerate me, however, the photo does somewhat depict the glare of the sun and subsequent difficulty of seeing the blue stripes. Perhaps this is why I witnessed people park there over and over. I know I got fooled. BTW, I did submit the photo and explanation. Pray for me

I hate to disagree with Carl but if you park in a handicapped spot illegally, then you are guilty of parking in a handicapped spot illegally.

I don't think the judge will buy any of this.

Post back with results; I may owe Carl a steak dinner if you win.

[CdwJava]

Originally Posted by seniorjudge

I hate to disagree with Carl but if you park in a handicapped spot illegally, then you are guilty of parking in a handicapped spot illegally.

I don't think the judge will buy any of this.

Post back with results; I may owe Carl a steak dinner if you win.

You see ... in California, parking issues are civil matters heard by a local bureaucrat and not a judge.

Sooo ... what a judge thinks about the issue is largely irrelevant as he/she will never hear the matter.

I like Prime Rib.


- Carl

Originally Posted by CdwJava

You see ... in California, parking issues are civil matters heard by a local bureaucrat and not a judge.

Sooo ... what a judge thinks about the issue is largely irrelevant as he/she will never hear the matter.

I like Prime Rib.


- Carl

I know just the place in New Orleans. See you there in April.

[CdwJava]

Originally Posted by seniorjudge

I know just the place in New Orleans. See you there in April.

Ah, heck! I was just there last week! And my wife has the beads to prove it!

Mardi Gras is a place for the young and the inebriated - not a teetotaling Puritan like me. It was nice to see once in my life, though.

- Carl

[RetiredMotor]

Ca.

I am not a "Bureaucrat" show me pictures and we will see what happens. There is the letter of the law and the spirit of the law.

22507.8. (a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8,
unless the vehicle displays either a special identification license
plate issued pursuant to Section 5007 or a distinguishing placard
issued pursuant to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.