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standing in handicap space/ NJ

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solutions

Junior Member
What is the name of your state? New Jersey
As the driver, I was in the driver's seat, car running in a handicap space while my child ran into a store to pick up something for my mother who is handicap and has a tag. It was hanging in the car at the time, and the officer approached the standing idleing car and asked if the handicap person was in the car, or in the store. If fact not, but the handicap person was at an appointment and I was picking something up for her and going to pick her up next. Can I get a ticket for "standing" in a handicap parking zone. What are my chances of winning or reducing in court. It has a court appearance required. Thanks.
 


tigger22472

Senior Member
solutions said:
What is the name of your state? New Jersey
As the driver, I was in the driver's seat, car running in a handicap space while my child ran into a store to pick up something for my mother who is handicap and has a tag. It was hanging in the car at the time, and the officer approached the standing idleing car and asked if the handicap person was in the car, or in the store. If fact not, but the handicap person was at an appointment and I was picking something up for her and going to pick her up next. Can I get a ticket for "standing" in a handicap parking zone. What are my chances of winning or reducing in court. It has a court appearance required. Thanks.

Yes.

H/C placards are only to be used when the handicap person is actually present and with you.
 

moburkes

Senior Member
solutions said:
What is the name of your state? New Jersey
As the driver, I was in the driver's seat, car running in a handicap space while my child ran into a store to pick up something for my mother who is handicap and has a tag. It was hanging in the car at the time, and the officer approached the standing idleing car and asked if the handicap person was in the car, or in the store. If fact not, but the handicap person was at an appointment and I was picking something up for her and going to pick her up next. Can I get a ticket for "standing" in a handicap parking zone. What are my chances of winning or reducing in court. It has a court appearance required. Thanks.

So, you illegally used a handicap permit, and the handicapped owner of the permit was not in the vehicle, nor in the store at the time, and you'd like to fight it?

If you are permanently handicapped, you are entitled to a handicapped license plate _ displayed on your vehicle or one owned by a family member.

You must have the special handicapped identification card and be present in the vehicle whenever special handicapped parking facilities are used.
 
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CdwJava

Senior Member
You're lucky. I imagine that NJ has a statute similar to my state that would have allowed the officer to seize the misused placard, thus forcing the true holder to apply for another one.

- Carl
 

moburkes

Senior Member
CdwJava said:
You're lucky. I imagine that NJ has a statute similar to my state that would have allowed the officer to seize the misused placard, thus forcing the true holder to apply for another one.

- Carl
Oh, but they do.

Handicapped perking permits and plates are to be used solely by the person with the qualifying disability, with punishable fines of at least $250. If someone who does not have a disability uses another person's permit or plates, the Motor Vehicles Commission or issuing locality may revoke the permit of plates or deny renewal.
 

CdwJava

Senior Member
moburkes said:
Oh, but they do.

Handicapped perking permits and plates are to be used solely by the person with the qualifying disability, with punishable fines of at least $250. If someone who does not have a disability uses another person's permit or plates, the Motor Vehicles Commission or issuing locality may revoke the permit of plates or deny renewal.
When I was in southern Cal. and the night was slow (a rare occurrence), I would sometimes hang at one of the movie theaters writing reports and catch teens coming out who had used grandpa's parking placard to park in the choice spots next to the theater. I was almost guaranteed one such cite and seizure when the prime time movies let out!

- Carl
 

justalayman

Senior Member
Handicap parking

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What is the name of your state? New Jersey.

Thank you to all those who responded. Allow me to clarify. My mother does not drive, the driver who "stood" in the handicaped parking zone was essentially the "chauffeur" Mom was at a doctors office, fasting for the morning before the blood test. Driver was "standing" outside the bagel store while grandchild ran in to get mom food after her blood test and she could break her fast and eat. If driver had gone in to get a bagel leaving the car parked, probably would not get a ticket because placard was hanging. But because driver was in seat, car idleing, police asked driver if handicapped person was in the bagel store, answer was no, so ticket was written. Mom is willing to go to court on court date, although I think it is a real health risk, she is 87 and frail, heart, parkinsons, can't walk. etc.
Do any of you out there have a change of heart now?
Thanks
Drug this over from your other thread concerning this.

I know it will change no minds.

The facts are:

You were parked (or stopped or standing or whatever you want to call it) in a handicapped space.

You were not parked there as an aid to the registered owner of the placard.(don't argue that the bagel was for mom. You were parked there so you or your child did not have far to walk. I believe it was because you felt the child needed supervision and you just didn't want to walk that great distance you would have been forced to park from the door, so you parked in the HC spot to observe the child so it was a benefit for you and/or your child, not mom)

Your state requires the placard be utilized ONLY when it is as a benefit to the disabled.

Mom did not get out of the car nor was going to get into the car while you were in that handicapped spot, therefore, it was not as an aid to the handicapped person it was meant to benefit.

judges decision: GUILTY

Simply, you broke the law. Now go pay for your mistake and make it no more.
 

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