Standing in Handicap space in Yonkers, NY

[hbrand]

What is the name of your state? NY

On Xmas eve, I waited in the car in a handicap space in a packed Yonkers shopping mall as my wife ran into the store for a moment.

Instead of asking me to move, the police officer pulled his patrol car in back of mine to block me in and wrote out the ticket for $130.

I have a bunch of questions:

1. As the plate is a vanity plate and the officer checked off PAS as type of plate does that qualify a defect?

2. For the location the officer put the address of the store. Since I was not parked in front of the store but in the parking lot, is that a defect?

3. According to the Yonkers DMV website the fine for parking in a handicap spot is $130. Does the same apply to standing in the spot?

4. The VIN number is missing on the ticket. Does that qualify as a defect?

[racer72]

1. No. The license plate was not the cause of the citation.

2. No. How many parking lots have their own address?

3. Obviously.

4. No.

[wirry1422]

As much as i hate to give racer any credit, he's right on all counts this time. I don't know how many times this has to be answered, but again to elaborate a bit, in every state, the state statutes specifically name handicapped parking spaces as a special type of no-parking zone that is protected for people with authorized credentials only. Whereas in most no-parking zones, standing (as legally defined) is generally still permitted as long as it is not specifically ruled out on the signs. However, handicapped parking spots are special because they are always no-parking/standing/stopping/ or otherwise using in any way whatsoever, even though the standard handicapped signs don't specifically list all the different uses that are not permitted. The bottom line is that like it or not, if you use a handicapped spot in any way without valid credentials (that belong to YOU) and you get caught you are pretty much screwed, and rightfully so.

[JETX]

Originally Posted by wirry1422

As much as i hate to give racer any credit, he's right on all counts this time.

Why is that?? Racer is right a LOT of times on this forum....

[CraigFL]

Why are you looking for a way out? You broke the law and need to take responsibility and pay for being inconsiderate and your mistake. You're forgetting about all the inconvenienced handicapped people who had to pass up that space and either leave or continue to circle until something opened up.

[racer72]

A little addition to #1. New York only has 2 types of license plates, passenger or commerical. Vanity plates fall into the passenger car group and the entry PAS is correct.

[You Are Guilty]

Originally Posted by racer72

A little addition to #1. New York only has 2 types of license plates, passenger or commerical. Vanity plates fall into the passenger car group and the entry PAS is correct.

Actually, that's not correct, but if I say any more, it might give the OP ideas of how to get out of his well-deserved ticket. If anyone besides the OP is interested, feel free to PM for more details. (In my continuing effort to promote personal responsibility, I will not answer any PMs from new posters).

[racer72]

Originally Posted by You Are Guilty

Actually, that's not correct, but if I say any more, it might give the OP ideas of how to get out of his well-deserved ticket. If anyone besides the OP is interested, feel free to PM for more details. (In my continuing effort to promote personal responsibility, I will not answer any PMs from new posters).

I based my answer off a link provided in another thread, the link was a site for fighting parking tickets in New York. [url]http://www.theinsider.com/nyc/survive/008park.htm[/url]

I. Examine the ticket carefully. All parking tickets should include the following 12 items:

1. License plate number.

2. Plate type (passenger/commercial).

3. Registration date (mm/dd/yy).

4. Make and model of vehicle.

5. Body type (e.g. sedan, station wagon)

6. State of registration.

7. Description of vehicle.

8. Description of the violation.

9. Date of the violation.

10. Time of violation (including AM or PM).

11. Place (should be specific enough to describe only one location).

12. Signature of agent issuing ticket.

I shall stand corrected then. Please PM me the info.