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missuse of handicap plate??or harrassment of chp?

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turbrotoy

Junior Member
What is the name of your state (only U.S. law)?
I live in southern california.I recently recived a ticket in the mail.Im being accused of cvc 4461(a) unlawful use of a handicap plate.
I was un aware that letting my 18 year old son merly drive my truck on occasion was aginst the law,since it has hadicap plates on it?
Am I mistakin or? The handicap plate has nothing to do with driving in any way only parking?
I was offered a deal by the Da but I was not happy and felt I had done nothing wrong .My court date is now on feb 3rd 2009.

Help anyone??????
 


CourtClerk

Senior Member
Are we talking plates or a placard ?
He said plates. In CA, drivers have the option of having a placard (which is removable) or plates (which for obvious reasons aren't). Apparently, the OP has disabled plates and I suspect, his child parked the vehicle in a handicapped spot. Driving the car alone is not a violation of the law. Parking in the handicapped spot when no one in the car is handicapped and not issued those plates... is.
 

cyjeff

Senior Member
Considering we are coming out of the most crowded retail week of the year, I am guessing that sonny used the car to go shopping.... so he could get a good spot.

Oops.
 
Z

zudnic

Guest
I'm against in principle state who give minor traffic citations. Then turn around and suspend people in attempts to make them criminals. strong arm collections. But if the person those plates are for is not in the car. I think if caught that person should go to jail. This type of ticket I agree with. One of the few I do. :D
 

Alex23

Member
You should have taught your son what to say when breaking this law:

"I'm sorry, officer, I was dropping my dad off at the (movie theater), and I'm going to the pharmacy right now to fill his prescriptions while he's busy."

That might work.
 
Z

zudnic

Guest
You should have taught your son what to say when breaking this law:

"I'm sorry, officer, I was dropping my dad off at the (movie theater), and I'm going to the pharmacy right now to fill his prescriptions while he's busy."

That might work.
OP recently recived the ticket in the mail. OP was offered a deal by the Da as well. So its not clear if its junior or some cop thinks OP should not have these plates.

I'll comment before reading California's vehicle statute's. Most states do have regulations and procedure's to take these plates and other specialty plates away! I know for fact lots of "rich" people use dealer plates to drive their non-emission legal grey market sports car toys on California roads. They changed the laws and made it easy to take back state dealer plates. Hence why a certain talk show host has Mass dealer plates for some of his collection! :eek:

Some people also get the type of plates OP has to skirt parking laws in cities with limited street parking. Both plate uses tick me off! I was at Beverly Hills Whole Foods and helped old lady carry her groceries 3 blocks because WF's store parking lot was full. She had those plates for her husband and she refused to use them for personnel use. Lady offered $50 for helping, I also turned her down. Id be very disappointed if I saw her husband playing tennis or something that proves to some cop those plates are not really issued for their intended purpose!

I might be a hipocrit on the dealer plate deal and driving cars that could not be registered and driven without those plates********************************************************. You just don't want visable evidence that your using dealer plates for personnel use. Dang I twisted my ankle and have to limp into the store every time I go in. :rolleyes:
 

turbrotoy

Junior Member
Ok Maybe I was not clear enough,This has nothing to do with paqrking at all.
My son was only using my truck to go to work and only used it 3 or 4 times.
My truck is a 85 4x4 toyota pick up that is realy not for street more off road.It has 37 inch tires and a exo cage on the outside of the truck.
Here is what cvc says .

4461. (a) No person may lend any certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, nor may any person knowingly permit its use by one not entitled to it.
(b) No person to whom a disabled person placard has been issued may lend the placard to any other person, nor may any disabled person knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(c) Except for the purpose of transporting disabled persons as specified in subdivision (b), no person may display any disabled person placard that was not issued to him or her or that has been canceled or revoked pursuant to Section 22511.6. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), no person using a vehicle displaying a special identification license plate issued to another pursuant to Section 5007 may park in those parking stalls or spaces designated for disabled persons pursuant to Section 22511.7 or 22511.8, unless transporting a disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(e) For the purposes of subdivisions (b) and (c), "disabled person placard" means a placard issued pursuant to Section 22511.55 or 22511.59.

Now I see nothing about lending a vehicle with handicap plates on it,Also I feel If that is what the law is refering too Why isnt the DMV telling people nobody but the one that owms the vehicle can drive it?
The chp that mailed me the ticket also gave my son a no mudflap ticket and a weight fee ticket and said that when I regerstered the truck the weight fees were waived, due to the disabled plates and that he has to pay weight fees on it in order to drive it.

My son would never park in a handicap spot due to the fact Im a t-8 paraplegic and he knows how hard it is to get a spot.I say give the damn fat people tickets that do not realy need the handicap spots!
 

CdwJava

Senior Member
Well, if your son did not utilize the special parking provisions of subsection (d), then he should prevail at trial. either the CHP officer misapplied the section when your son was stopped, or he drove into a parking space and was caught.

- Carl
 

turbrotoy

Junior Member
Well, if your son did not utilize the special parking provisions of subsection (d), then he should prevail at trial. either the CHP officer misapplied the section when your son was stopped, or he drove into a parking space and was caught.

- Carl

That is exactly what I thought. My son was getting in the truck that was parked on the street when the ticket wa issued.Now do I have a chance in hell of suing the state for pain suffering and court cost not to mention transportation cost?
I would realy at least like to make a point maybe I would be better off contacting the local news?
Thanks for the reply!
 

CdwJava

Senior Member
That is exactly what I thought. My son was getting in the truck that was parked on the street when the ticket wa issued.Now do I have a chance in hell of suing the state for pain suffering and court cost not to mention transportation cost?
Uh ... no. The remedy here is for your son to win his case.

I would realy at least like to make a point maybe I would be better off contacting the local news?
You can contact them, but unless it's a slow news day, I wouldn't think this would get any play. But, you can try.

- Carl
 
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zudnic

Guest
More information. I really don't like perfectly fine people parking at grocery stores, malls and other places. Abusing plates.

Id look at federal laws like American's with disability act, etcetera. Its hard to sue a state but it can and has been done before.
 

FlyingRon

Senior Member
Was there a METER involved in his "parking on the street".
Did the meter expire? You can guess where I'm going here.

Yes, CDW I know what the rules are. The reason I asked because a placard would be a different story and a lot of posters are not exactly precise in their terminology or statement of the problem (as you know). That is why it was phrase in the form of a question (This isn't Jeopardy!).
 
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