Ticket for no handicapped placard - but I had one and am disabled

[MellieEvans]

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

Will try to keep this as brief as possible. Three months ago I went to dinner in my Mom's car and used her disabled placard. A parking officer asked to see my license and wanted to ticket me because it was my mom's placard. As I am disabled I informed her I also am disabled but didn't have my personal placard with me. She stated at that time she would need to see my paperwork. I didn't have it on me, but went two miles home, came back and presented her with my paperwork along with my placard. At that time, she said that was all she needed and told me IN THE FUTURE TO KEEP THE PAPER ON ME WITH MY PLACARD INFORMATION WHEN USING MOM'S CAR.

Fast forward three months. Today as we were leaving a parking structure, the same "officer" was sitting in front of mom's car. As my car is old and doesn't work well, I often use Mom's car. She proceeded to come out and ask about the disabled placard. I told her we did this before, I gave her my driver's license and THE PAPERWORK SHE HAD PREVIOUSLY TOLD ME TO KEEP ON ME AT ALL TIMES. She then told me to wait as she wrote a ticket. I was BAFFLED. I told her I was disabled and that I was giving her the information SHE HAD PREVIOUSLY SAID WAS THE ONLY INFORMATION I NEEDED TO HAVE. She was belligerent and rude, didn't care, as which point my husband and I called the police as we wanted to have a third party objective there.

After we contacted the police, she called "FOR BACKUP". I asked for her name as we were on the phone with the police and she ignored us and went back to her car.

When the police arrived she told them "her" side of the story, then came to me where I told him the entire incident including the one from three months ago. He told me that I should fight it in court and that I needed to give up the placard. When I refused and said I needed proof of them seizing this placard, there were four officers that spent over fifteen minutes trying to find a law about seizing placards. The "parking officer" did not know the law, could not find the law and relied on her backup to find a law that stated something about taking the placard. I told him I was giving it up "under duress" and protest. I then asked for her name and she would only give her badge. I told the officer I knew she was required to give her name up. After another fifteen minutes the officer came back with her name written on a card.

As a disabled person I am appauled that I had to deal with this incompetent "officer" a second time and got a ticket after doing EXACTLY what she had previously told me I needed to do under this circumstance. Obviously we are fighting this ticket but now my disabled mother is without a placard until the court date which means if I don't drive her everywhere with my placard, she can't go anywhere. Not only that but I felt harassed by an "officer" who previously gave me false information as law, evident that she does not know the laws she is enforcing.

Would like police suggestions/opinions/options for defense. Thank you.

 

[OHRoadwarrior]

Stop tryin to pass of mom's plates your own. It is no different than claiming the right to drive with mom plates on your car.

 

[HighwayMan]

Did you get a receipt for the property taken?

 

[Zigner]

In general (in CA)

You cannot use a placard that is not your own. The law doesn't allow an exception just because you also have one. Furthermore, one cannot allow someone else to use their placard improperly.

Now, for specifics, please let us know the actual code section you were charged with violating.

 

[Zigner]

Did you get a receipt for the property taken?

I'm sure it's noted on the ticket

 

[Zigner]

For the record, here is the code section that allows the seizure of the placard:

http://www.dmv.ca.gov/pubs/vctop/d03/vc4460.htm

4460. (a) The Department of Motor Vehicles, the Traffic Adjudication Board, and the Department of the California Highway Patrol, any regularly employed and salaried police officer or deputy sheriff or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code may take possession of any certificate, card, placard, permit, license, or license plate issued under this code, upon expiration, revocation, cancellation, or suspension thereof or which is fictitious or which has been unlawfully or erroneously issued. Any license plate which is not attached to the vehicle for which issued, when and in the manner required under this code, may be seized, and attachment to the proper vehicle may be made or required.

(b) Any such document, placard, or license plate seized shall be delivered to the Department of Motor Vehicles.

Amended Sec. 7, Ch. 292, Stats. 2003. Effective January 1, 2004.

(When you used it improperly, it became fictitious.)

 

[CdwJava]

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

Will try to keep this as brief as possible. Three months ago I went to dinner in my Mom's car and used her disabled placard.

So, you broke the law.

A parking officer asked to see my license and wanted to ticket me because it was my mom's placard. As I am disabled I informed her I also am disabled but didn't have my personal placard with me.

Still misuse of mom's placard.

She stated at that time she would need to see my paperwork. I didn't have it on me, but went two miles home, came back and presented her with my paperwork along with my placard. At that time, she said that was all she needed and told me IN THE FUTURE TO KEEP THE PAPER ON ME WITH MY PLACARD INFORMATION WHEN USING MOM'S CAR.

The officer was exceedingly lenient and she did not have to be. You got fortunate to have such an understanding officer contact you.

Fast forward three months. Today as we were leaving a parking structure, the same "officer" was sitting in front of mom's car. As my car is old and doesn't work well, I often use Mom's car. She proceeded to come out and ask about the disabled placard. I told her we did this before, I gave her my driver's license and THE PAPERWORK SHE HAD PREVIOUSLY TOLD ME TO KEEP ON ME AT ALL TIMES. She then told me to wait as she wrote a ticket. I was BAFFLED. I told her I was disabled and that I was giving her the information SHE HAD PREVIOUSLY SAID WAS THE ONLY INFORMATION I NEEDED TO HAVE. She was belligerent and rude, didn't care, as which point my husband and I called the police as we wanted to have a third party objective there.

And was the paperwork for YOUR placard you were using in MOM's car? If not, then the officer was well within her rights to cite you. You had already been warned about this and chose to keep doing the same thing. I bet she told you to keep both your paperwork AND your placard with you (as required under the law) when operating a vehicle not your own.

When the police arrived she told them "her" side of the story, then came to me where I told him the entire incident including the one from three months ago. He told me that I should fight it in court and that I needed to give up the placard. When I refused and said I needed proof of them seizing this placard, there were four officers that spent over fifteen minutes trying to find a law about seizing placards.

Misuse of the placard DOES justify the seizure of the placard. At which time your mom would have to go to the DMV and get a new one.

As a disabled person I am appauled that I had to deal with this incompetent "officer" a second time and got a ticket after doing EXACTLY what she had previously told me I needed to do under this circumstance.

You were likely told how to prevent this: When driving a car, use YOUR placard supported by YOUR paperwork. To do anything else is misuse of the placard.

Obviously we are fighting this ticket

That's your prerogative, but you'll lose.

What code section were you cited for?

 

[OHRoadwarrior]

Now, you get to go to court, plead not guilty, explain you have a placard which was not in your possession and request the court dismiss the charge. Stop playing musical placards.