Can I get out of a Handicap Parking ticket in an Apartment Complex?

[CdwJava]

i don't know when the space was marked. i was cited for 22507.8a

Okay ...

22507.8. (a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.​

So, clearly if you were in such a space that was properly marked, you are guilty.

The space must be marked by a sign "consisting of a profile view of a wheelchair with occupant in white on a blue background" that is "immediately adjacent to, and visible from, each stall or space" and if constructed after July 1st 2008, the sign must also contain writing that says, "Minimum Fine $250."

The space must also be outlined in a manner specified in 22511.8(a)(2) or (3) (which required additional markings if after 7/1/2008). No specific Vehicle Code section is required to be posted for a citation. For a tow, yes, for a citation, no.

Many spaces on private property ARE improperly marked, so there may be a good chance that you can beat this. If these spaces are more than two years old, as long as they are outlined properly, the chances are they are good.

Perhaps you can take your friend to small claims court fror reimbursement of the fine because they got you into this mess. But, the judge may simply say that a friend cannot grant you permission to violate the law.

Hopefully you will know better in the future.

 

[HighwayMan]

But, the judge may simply say that a friend cannot grant you permission to violate the law.

That would seem like the most likely scenario.