Standing in Handicapped Zone

[cagua781]

What is the name of your state? New York, City- Queens

I was sitting in my car, in a handicapped zone, in a local shopping center. When I tried to pull out the officer blocked off my car so I could not reverse. I was not parked, however I received a 180 dollar violation for "No Parking except handicap plates/permit". Upon reviewing the ticket, I noticed the officer failed to include the VIN number. I was technically not parked, can I fight the violation?

[seniorjudge]

Why do you think you were not parked?

[justalayman]

Originally Posted by seniorjudge

Why do you think you were not parked?

Aw, come on SJ. Don't you know it's ok to set or stop in one of those special places even if you don;t have the normally required permission and plaquard? He was just "stopped". He could have left instantly upon notice that a truly authorized user needed the space. But NNOOOO!! the cop had to go and give him a ticket for it. OP was trying to be nice by only blocking it until somebody needed it.




Why do people continue to do this? It is such a minimal request and inconveniance to allow those that are deemed qualified to have a plaquard to use these spaces.

Pay the ticket. It will cleanse your soul.

[Happy Trails]

Originally Posted by cagua781

What is the name of your state? New York, City- Queens

I was sitting in my car, in a handicapped zone, in a local shopping center. When I tried to pull out the officer blocked off my car so I could not reverse. I was not parked, however I received a 180 dollar violation for "No Parking except handicap plates/permit". Upon reviewing the ticket, I noticed the officer failed to include the VIN number. I was technically not parked, can I fight the violation?

Technically you were stopped and standing in a place you were not legally suppose to be in..

§ 1203-b. Parking spaces; handicapped. 1. Parking spaces for the handicapped as provided for in sections one thousand two hundred three-a and one thousand two hundred three-c of this chapter shall also be extended to a motor vehicle registered in accordance with section four hundred four-a of this chapter. A handicapped permit issued in accordance with the provisions of section one thousand two hundred
three-a of this chapter shall entitle the driver to park in such parking spaces. Parking spaces for the handicapped shall be those parking spaces accorded to a holder of a handicapped parking permit provided in accordance with section one thousand two hundred three-a or as provided in section four hundred four-a of this chapter.

2. It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehicle bears a permit issued under section one thousand two hundred three-a or a registration issued under section four hundred four-a of this chapter and such vehicle is being used for the transportation of a severely disabled or handicapped person.

[wirry1422]

Yep, handicapped parking is a unique violation. It is one of the only parking violations where the state laws in nearly all states [due to the ADA], (as well as most local ordinances as well) specifically says that a violations has occured when an unauthorized vehicle parks and/or STANDS and/or even just STOPS (within the legal definitions of the terms parking, standing,& stopping). So while you might be able to get out of another violation where the sign simply says no parking (for whatever reason) and you met the legal definition of standing or stopping at the time the citation was issued, you will NOT ever get out of a handicapped parking space violation ticket for that reason due to the stringent way that the statute (which is posted above) is written. And by the way, handicapped parking signs say that the space is reserved for use by handicapped persons (with credentials). The sign does not say no parking by others, if it did, it would read no parking standing or stopping. But by the sign saying that it is reserved for handicapped use (by decals), it covers all the bases, because "use" covers everything. And also keep in mind that if an endless stream of people are constantly staning just for a minute in those spaces, they are not available for legitimate use most of the time. And when a handicapped person sees you sitting there, they don't know how long you'll be there. And most people aren't going to confront you or even honk their horn, because this is a scary world and most handicapped people don't want to risk getting into a fight or getting shot at. So you deserved the ticket. Next time, sit in the fire lane or wherever else you can, and you'll be a lot better off.