Handicap spot or not

[Seko]

What is the name of your state (only U.S. law)? CALIFORNIA

Today I went to a food court that I have been to several times. I parked my car in a spot that had the handicap marking on the ground but no posted sign anywhere. In the parking lot adjacent to this lot was about 8 designated ONLY for handicap in that whole parking lot. The space had the blue paint on the ground and also the posted signs. The spot I parked in seemed to be an old handicap marking and the sides of the parking space were painted white instead of blue. I got a ticket for $335.00. By the looks of the location it does not appear to be a handicap parking, only the faded paint on the floor. Also there was a car parked in the location that has the blue angled lines. I went to the city hall and they told me to go online to their website and no one could answer my question if a handicap parking space also needs a posted sign? I would like to dispute this ticket but I want to know for sure if I can. I just dont want to pay if it wasnt my fault. Need your helpWhat is the name of your state (only U.S. law)?

 

[I_Got_Banned]

What code section were you cited for? And if its a Municipal Code (versus a California Vehicle Code section), what municipality did this occur in?

 

[Seko]

Heres the California Vehicle Code

The code on the ticket is 22507.8(a) CVC. I even asked a police officer where my vehicle was parked and he told me that to his knowledge there should be a posted sign. Then he said good luck. So I am wondering if he was just blowing smoke or maybe on to something.

 

[CdwJava]

CVC 22511.8 indicates that a sign must comport to some specific requirements.

(1) (A) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250," pursuant to Section 42001.13, imposed
upon a person parking or leaving standing a vehicle in a stall or
space designated for the use of disabled persons and disabled
veterans, unless a special license plate issued pursuant to Section
5007 or a distinguishing placard issued pursuant to Section 22511.55
or 22511.59 is displayed on the vehicle. This subparagraph applies
only to signs for parking spaces constructed on or after July 1,
2008, and signs that are replaced on or after July 1, 2008, or as the
State Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.​

Note that the (B) subsection (about the fine) only applies for signs posted AFTER July 1st, 2008.

I'd say you have good grounds to contest the citation. Take a multitude of pictures from the parking space to show the utter lack of a sign and submit copies with your challenge.

 

[HighwayMan]

While the pavement markings don't seem to be outlined in statute, I would also take a picture of the marked parking space showing white rather than blue lines delineating the marked space.

 

[CdwJava]

While the pavement markings don't seem to be outlined in statute, I would also take a picture of the marked parking space showing white rather than blue lines delineating the marked space.

The pavement and curb markings are set out further in the statute - it is a long section and I did not post all of it.

 

[Seko]

Thanks

Thanks to all who have posted your advice on this subject matter. You all have helped build a stronger case on this parking citation. Thank you all

 

[sunnyd1ight]

I had a hearing today about a similar case, I was sure it wasn't a handicapped section because the lines in the floor where white, there was no signs at all just the remains of a faded blue line, about 2 feet, and a faded wheelchair image on the ground that looked like the remains of what use to be a handicapped section but clearly no longer was. I believe this confused the parking officer in giving me the ticket. I showed images to the judge, but she told me that I couldn't prove that I was parked there, I told her that I wouldn't lie. I can't believe she would think that I was lying. Why would I go through the trouble of taking pictures and showing the remains of what use to be a handicapped spot? there is no way I can prove that I was parked there or anywhere but doesn't my oath to tell the truth count? I am so disapointed from this experience, can't believe the judge is so quick to judge and wouldn't give me the benefit of the dought. I will appeal because I am not guilty, any advice on what I can do or say? I asked the judge and she responded with "I am not your lawyer". What do you recommend when something like this happens to someone?

 

[HighwayMan]

The world is full of scammers and liars, especially in traffic and parking court. Many people would say anything to get out of being found guilty. I see it all the time and the judges know this. Some judges are more understanding than others, but you can't expect a judge to find in your favor just by your saying "I didn't do it" under oath, for example.

 

[adam_12]

I had a hearing today about a similar case, I was sure it wasn't a handicapped section because the lines in the floor where white, there was no signs at all just the remains of a faded blue line, about 2 feet, and a faded wheelchair image on the ground that looked like the remains of what use to be a handicapped section but clearly no longer was. I believe this confused the parking officer in giving me the ticket. I showed images to the judge, but she told me that I couldn't prove that I was parked there, I told her that I wouldn't lie. I can't believe she would think that I was lying. Why would I go through the trouble of taking pictures and showing the remains of what use to be a handicapped spot? there is no way I can prove that I was parked there or anywhere but doesn't my oath to tell the truth count? I am so disapointed from this experience, can't believe the judge is so quick to judge and wouldn't give me the benefit of the dought. I will appeal because I am not guilty, any advice on what I can do or say? I asked the judge and she responded with "I am not your lawyer". What do you recommend when something like this happens to someone?

Where did the officer SAY you WERE parked?

There are two parts to the case- what they say and what you say. Best situation is to use their testimony to prove your case.

A picture of all the parking spots: "Officer, where was the vehicle parked when you cited it"

Then multiple photos moving in until the feature you want is shown. Not a jump from 'all spaces' to 'just the white line'.

In any traffic case, the judge assumes everything you say is a lie- so you are forced to build your case from objective evidence and the testimony of the officer.

Of course if the officer lies, or purposefully doesn't remember, it makes life harder.

 

[cyjeff]

by the way, you need more than just disliking the verdict to appeal.