yes another handicap parking citation

[itony]

What is the name of your state? TX (to be exact College Station)

Does anybody know the exact definition of parking in a handicap in this area?...or atleast where i could find such answer. If the definition is lenient enough, do I have a case or most likely not?

My friend was driving my car to drop me off and pulled into the handicap never truly "parked" or in P

Honestly i truly dont see that problem it was near night around 8 as well as closing time and if there were any handicapped coming in we would have been in the process of backing out anyway.(of course i would not say that in court)

[The Occultist]

No part of your vehicle may at any point or time take up any amount of space for any length of time in a spot marked as restricted to allow only those with the proper handicap plates/placards without the aforementioned plates/placards. That is certainly how the court will see it should you try to contest it.

[itony]

Originally Posted by The Occultist

No part of your vehicle may at any point or time take up any amount of space for any length of time in a spot marked as restricted to allow only those with the proper handicap plates/placards without the aforementioned plates/placards. That is certainly how the court will see it should you try to contest it.

according to tx state law "Stand" or "standing" means to halt an occupied or
unoccupied vehicle, other than temporarily while receiving or
discharging passengers.
is that not enough to make a case?

Also,when they say this:

"In a prosecution under this section, it is presumed that
the registered owner of the motor vehicle is the person who left the
vehicle standing at the time and place the offense occurred."

What exactly does that mean, especially in this case since the registered owner(myself) was not the driver?

Thank you

edit:may i also see,if you are knowledgable in tx law, where it says that "No part of your vehicle may at any point or time take up any amount of space for any length of time" or is that universal or something along those lines

[FlyingRon]

You look like you might have a case if all you were doing was discharging a passenger and not waiting at all.

The latter clause you post means that if they can't figure out who left the car there, then they are allowed to assume it was the owner. In this case it looks like they had no problem identifying the person who committed the alleged offense.

[itony]

do all cities in a state follow their own laws or do they obey state law?

Can you guys please give me advice on how to present my case?
If all i do is go in there and recite tx law and bring in some friends/witnesses who were there in the car as well, is that enough to get the case dropped?

Thanks alot

also what about what the occultist said "No part of your vehicle may at any point or time take up any amount of space for any length of time in a spot marked as restricted to allow only those with the proper handicap plates/placards without the aforementioned plates/placards"

where did that come from?

[FlyingRon]

Originally Posted by itony

Can you guys please give me advice on how to present my case?
If all i do is go in there and recite tx law and bring in some friends/witnesses who were there in the car as well, is that enough to get the case dropped?

It's worth a shot.

also what about what the occultist said "No part of your vehicle may at any point or time take up any amount of space for any length of time in a spot marked as restricted to allow only those with the proper handicap plates/placards without the aforementioned plates/placards"

where did that come from?

Don't know, it's certainly not the Texas Vehicle code.

[itony]

ok then first off thanks everyone for the advice in to pleading not guilty and fighting.
but of course im basing all of this on the fact that there is no such thing as city law and that the city obeys state law right?

Could you guys now please give me some advice on what to say and do exactly?

[FlyingRon]

If possible attend court in advance of your trial and see how it goes.

Follow Senior Judge's guidelines for appearing in front of a judge.

Clearly state what happened and then read the statute passage you quoted above and how you did not commit a violation.

Offer the witness testimony to corroborate your version (the judge here will usually decide if that testimony is redundant or not).

[itony]

Originally Posted by FlyingRon

Follow Senior Judge's guidelines for appearing in front of a judge.

Offer the witness testimony to corroborate your version (the judge here will usually decide if that testimony is redundant or not).

1)im sorry...senior judge?

2)it's good to be redundant right?

[FlyingRon]

SeniorJudge is the user name of another poster here. If you search around these threads you'll see he often posts a one page guideline for appearing in court.

Redundancy is good, and by all means have your witnesses, but the judge oft decides that either he believes your story and doesn't need to hear it again, or that the point you are trying to make is irrelevant regardless of how many different people tell it.

[itony]

i guess my last question due to uncertainty is that there is no such thing as city law correct?

if i go in there and recite texas law they won't be like "sorry kid but that isn't what we follow around here"

[itony]

Originally Posted by FlyingRon

SeniorJudge is the user name of another poster here. If you search around these threads you'll see he often posts a one page guideline for appearing in court.

Redundancy is good, and by all means have your witnesses, but the judge oft decides that either he believes your story and doesn't need to hear it again, or that the point you are trying to make is irrelevant regardless of how many different people tell it.

i cant seem to find these guides
am i missing something?

[itony]

would most of you guys recommend getting a lawyer to accompany me to court since i have zero knowledge of the law besides what little i have found out about parking in handicap spaces and have posted on the board or is that enough to defend my case?

[itony]

anyone?

[justalayman]

see post #4 of this thread.

[url]http://forum.freeadvice.com/showthread.php?t=373667[/url]

as to a state or city statute violation; what were you charged with? Is it noted on the ticket (such as Texas statute §681.011 or something similar or was it listed as a city ordinances)

this is the dfinition in Texas code of standing:

(9) "Stand" or "standing" means to halt an occupied or
unoccupied vehicle, other than temporarily while receiving or
discharging passengers.

To be guilty of 681.011 or other handicap rules, you must "stand". With your description, I'm not sure what you were doing. Inthe first post, it sounds as if your friend (driver) took you somewhere and waited for you to go in and then come back out. I beleive that would make him guilty of standing. (as evidences byb this statement in your first post)

if there were any handicapped coming in we would have been in the process of backing out anywayIf

he threw you out and left, he may be able to contest the ticket on those grounds.