handicapped parking ticket

[BBradshaw4]

What is the name of your state (only U.S. law)? Louisiana

Ok, this is my situation. I am from Metairie, Louisiana and I went to my girlfriends apartment located in a private gated apartment complex. It was later in the evening and dark outside. I parked my car in one of very few parking spots left in the lot. When I came back down later in the night I found that I was given a ticket for parking in a handicapped parking spot. The issue I am having is that I did not see that the spot was marked for exclusive handicapped use. I read in our Parish's (same thing as a county) municipal code that businesses are required to follow the American's with Disabilities Act (ADA) in relation to parking and handicapped spots. In the ADA it states that all spots designated for handicapped exclusive use must have a sign posted high enough that the sign can be seen when a driver is parked in the spot and not just the symbol painted on the ground. The spot I parked in had no such sign for me to see when parked making it seem as if the property manager is not complying with the municipal code/ADA which in turn caused me to get a 300$ ticket. Is the info given above along with photo evidence enough to get the judge to dismiss the ticket or am I still going to have to pay it?

 

[single317dad]

The ADA defines the standards for providing handicapped parking access; those criteria are not necessarily binding on your local police department in citing those who misuse the spaces. You need to find out what local rules exist that define the minimum necessary markings for a restricted parking space. Those may be local ordinances, or state law if none exist. There may also be local or state case law -- decisions made by the courts on what is or isn't sufficient marking.

You may be able to get your ticket dismissed due to insufficient signage, but that will require research and evidence on your part.