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Need help with cvc 4461....

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John_Rod

Junior Member
What is the name of your state (only U.S. law)? CA

So i got a citation for cvc 4461 (c)

Here's my story. I pulled into a handicapped spot with disabled license plates and the disabled person i was picking up was not present in the car but in the Starbucks a couple doors down. The officer pulled up next to me and once I got out of the car he asked me if I was the one who the disabled plates were registered under. And I said no, so then he proceeded to ask if the car was under my name too and the answer is no but it was the disabled person vehicle. So then he told me to give him the registration and my license and proceeded to write my ticket. After he finished with my ticket he told me to my the car out of the spot right away. So I did so. But he never once asked me if i was picking anyone up or why I parked in a disabled stall.
I know I should of told him right away that I was picking up the person to whom the car belonged to but he really didn't give me a chance and quite frankly I was scared that I was getting the ticket and also I obeyed him telling me to move the car right away. With that all done I parked down the way away from the handicapped stall and proceeded with what I was doing.

But once I got home I looked over my ticket and tried to call the court to get it handled. But I was put on hold for about 40 minutes so while I was on hold I decided to look up the cvc 4461 code, then I noticed that the officer cited me with cvc 4461 (c) which deals with unlawful use of a placard, but there is cvc 4461 (d) which specifically deals with specialty issued plates. I didn't place a placard in the window nor did the car even have one. The plates are the one with the disabled sign. Should the officer cited me for 4461 (d) instead of 4461 (c)? Also do you think I will be able to contest this?


This is my first time getting this type of citation so I hoping that they will be more generous....

Thanks for the help in advance!!!!
 


Zigner

Senior Member, Non-Attorney
OK. Should I mention that he cited me under the wrong subdivision or will that make no difference?
You could just head in and say "Please fix the error on my ticket" (that was sarcasm)

When you go in you state that you were not in violation of the offense you were charged with. That's it.
 

Philxxxx

Member
Why? It's absolutely, positively irrelevant to his defense.
If the space was not properly posted as a special spot; then this information may come in handy if the cop/judge says ... oh, thats not a "c" , its a "d" .. just bad handwriting.

Then this affirmative defense would be very handy to have ...

I was a Boy Scout ... Be Prepared is our motto ...
 

Zigner

Senior Member, Non-Attorney
If the space was not properly posted as a special spot; then this information may come in handy if the cop/judge says ... oh, thats not a "c" , its a "d" .. just bad handwriting.
That's not how it works. His charge will be entered in to the system...THAT is what matters.
 

Zigner

Senior Member, Non-Attorney
So I must not be understanding the way amending works. Why do I not want it to be amended?
I shouldn't even had said anything in a joking manner...


Right now, you are charged with something you CLEARLY did not do. If they amend it, then you are going to have a lot more work proving that you properly used the handicap privileges.
 

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