What is the name of your state (only U.S. law)? Ca. I had got a handicap ticket when I was at a sporting event. What had happened was I dropped my father off with my brother and then went to go park when doing so I was asked for some paperwork to go with the handicap plate when I told the officer I didn't have it and tryed to explain what I had done I was told to pull off to the side and given a ticket and the plate was taken away from me. So I had call my mom to tell her what had happen she went to DMV the next day and told them what had happen and they gave her a new plate. I am wondering can someone go to jail for this and how would I explain this to the judge to let him know what had happen.
Which one of your family members is the qualified handicapped person?
If it was your dad, then had you been there to just drop him off and park, you could have easily gone in and gotten him to prove to the officer that the vehicle with the handicapped plates was being used appropriately to transport the qualified handicapped person.
However, since you did not do that, and instead you called your Mom (who was not using the car nor a passenger, who ultimately went to DMV the next day to get re-issued plates), it sounds to me like the ticket and confiscation of the improperly used plates was spot on.
I'm sorry, but I think that the officer's BS meter was up and functioning perfectly here. The handicapped plates are issued as a privilege for handicapped drivers or persons who regularly transport them. They are NOT to be used by those able-bodied persons or other family members who have no need for them.
What you were cited for is considered Unlawful Use/Misuse of Handicapped Placard/Plates, and is considered handicapped parking fraud, and falls under California Vehicle Code 4461 VC. The penalties for this include confiscation of the placard/plates, along with a civil penalty of between $250 and $1,000, or if charged as a misdemeanor, can be punishable by up to six months in a county jail and the same fine. In addition to (or in lieu of) the fines listed above for violating Vehicle Code 4461, the court may impose a $1,500 civil penalty.
The law recognizes use of these special placards/plates as a privilege extended to those persons that need them, and frowns heavily upon those who take advantage and misuse it. The person to whom the plates were issued could also face problems because they allowed you to misuse the privileged plates as well. "You didn't have the paperwork" isn't going to fly here. You abused the privilege, and now (and the qualified handicapped person) are likely to pay some stiff penalties for your actions.