preferential parking citation- doctors note

[sefnfot]

What is the name of your state? CA

I am fighting a preferential parking citation.

my defense is that I had a medical procedure with anesthesia on 5/10 and the citation was on 5/11. and my driver forgot to put the permit/handicap placard on the rearview mirror.

I am sending in a declaration and doctors note and bill.

This is in Los Angeles.

how do I locate the ordinance or language that supports this defense?

can someone link it?

 

[Zigner]

What is the name of your state? CA

I am fighting a preferential parking citation.

my defense is that I had a medical procedure with anesthesia on 5/10 and the citation was on 5/11. and my driver forgot to put the permit/handicap placard on the rearview mirror.

I am sending in a declaration and doctors note and bill.

This is in Los Angeles.

how do I locate the ordinance or language that supports this defense?

can someone link it?

What defense? You admit that you (your driver, actually) violated the law that requires the display of the handicap placard. What you are doing is, in essence, asking the court for leniency.

Now, having said that, why don't you tell us the code section (or ordinance) that is marked on the citation?

 

[adjusterjack]

California has several statutes regarding handicap parking:

California Vehicle Code (VC) §§1825, 4461, 4463, 21458, 22511.5, 22511.6, 22511.7, 22511.55, 22511.59, and Business and Professions Code §13660.

You're just going to have to look them up and read them.

http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH&tocTitle=+Vehicle+Code+-+VEH

 

[Zigner]

The OP mentioned "preferential parking", so he's not talking about being parked in a disabled parking spot. The OP's vehicle was parked in a preferential parking area without displaying a permit or a handicapped placard. The OP's not likely to get out of this.

EDIT: The OP was (and I'm going out on a limb by saying this) cited for a Los Angeles city ordinance violation, not a CVC violation.

 

[FlyingRon]

Te law on preferential parking districts is here: https://library.municode.com/CA/los_angeles_county/codes/code_of_ordinances?nodeId=TIT15VETR_DIV1TRCO_CH15.64STSTPA_PT5PRPA_15.64.600DE

I'm not seeing an exemption for disabled placards from these restrictions.

 

[NeilTheCop]

I was writing a ticket for a Corvette parked in a handicapped zone without a placard when a woman in her 20's comes running out of a store. Her justification was that she only popped into the store for a minute and there was nowhere else to park. I gave her the ticket and explained the fine would be $329. She said "Can you give me a break" to which I replied "I have, I'm not having your car towed".
There is no excuse for parking in a handicapped zone without a placard.

 

[Zigner]

I was writing a ticket for a Corvette parked in a handicapped zone without a placard when a woman in her 20's comes running out of a store. Her justification was that she only popped into the store for a minute and there was nowhere else to park. I gave her the ticket and explained the fine would be $329. She said "Can you give me a break" to which I replied "I have, I'm not having your car towed".
There is no excuse for parking in a handicapped zone without a placard.

I agree...
However...
This OP was not parked in a handicapped zone. The OP was parked in a neighborhood where permits are required, with some exceptions. One exception is the display of a valid handicap placard, but the OP's vehicle was parked without displaying a valid permit or handicap placard.

For the OP: Perhaps you should consider getting disabled license plates instead of using the placard (assuming you have a permanent placard and not a temporary placard. They are free. Contact the DMV or your favorite auto registration service.

 

[Zigner]

Te law on preferential parking districts is here: https://library.municode.com/CA/los_angeles_county/codes/code_of_ordinances?nodeId=TIT15VETR_DIV1TRCO_CH15.64STSTPA_PT5PRPA_15.64.600DE

I'm not seeing an exemption for disabled placards from these restrictions.

It's a state exemption. California Vehicle Code 22511.5(a)(1)
(a)(1) A disabled person or disabled veteran displaying special license plates issued under Section 5007or a distinguishing placard issued underSection 22511.55 or 22511.59 is allowed to park for unlimited periods in any of the following zones:

(A) In any restricted zone described in paragraph (5) of subdivision (a) of Section 21458 or on streets upon which preferential parking privileges and height limits have been given pursuant to Section 22507.

...

(https://codes.findlaw.com/ca/vehicle-code/veh-sect-22511-5.html)

 

[sefnfot]

What defense? You admit that you (your driver, actually) violated the law that requires the display of the handicap placard. What you are doing is, in essence, asking the court for leniency.

Now, having said that, why don't you tell us the code section (or ordinance) that is marked on the citation?

“This is a persuasive medical emergency defense, as there is persuasive testimony or evidence of a sudden, unexpected medical emergency at the time the summons was issued.”

mainly I was within 24 hours of having general anesthesia for an acute emergency medical procedure and I have a doctors note and $1000+ bill.

 

[HighwayMan]

“This is a persuasive medical emergency defense, as there is persuasive testimony or evidence of a sudden, unexpected medical emergency at the time the summons was issued.”

mainly I was within 24 hours of having general anesthesia for an acute emergency medical procedure and I have a doctors note and $1000+ bill.

That's hardly a medical emergency.

 

[sefnfot]

Te law on preferential parking districts is here: https://library.municode.com/CA/los_angeles_county/codes/code_of_ordinances?nodeId=TIT15VETR_DIV1TRCO_CH15.64STSTPA_PT5PRPA_15.64.600DE

I'm not seeing an exemption for disabled placards from these restrictions.

thanks but that is county , I am looking for city. but where can I refer to the medical emergency defense ? I did click on that option on my initial review, but it didn't bring down which statute it is.

 

[HighwayMan]

where can I refer to the medical emergency defense ?

You had no medical emergency. You are deluding yourself.

 

[sefnfot]

That's hardly a medical emergency.

the procedure was a medical emergency, which should entitle me to all the protections of that defense. not just the time that I was under the knife, but also the immediate recovery time of 24 hours. or if longer hospital stay was required.

 

[HighwayMan]

the procedure was a medical emergency, which should entitle me to all the protections of that defense. not just the time that I was under the knife, but also the immediate recovery time of 24 hours. or if longer hospital stay was required.

Sure. Keep telling yourself that.

 

[not2cleverRed]

the procedure was a medical emergency, which should entitle me to all the protections of that defense. not just the time that I was under the knife, but also the immediate recovery time of 24 hours. or if longer hospital stay was required.

Look, if your car was parked there as you were calling 911 to beg for help, and you were taken away in an ambulance, that would be a medical emergency entitling you to the protections.

You were post operative, stable, and discharged; there was no emergency.
Your driver illegally parked. Period. Even if the handicap placard were displayed, the car was not, according to you, parked in a handicapped space, so it did not belong there. Have you read the code - Ron generously provided a link. There's nothing in there about those with a handicapped plate/placard being exempt.

It is not that the handicap placard was not displayed.

You weren't driving. Why would your mental state at the time the car was parked be relevant?!

If the driver of the car was not mentally competent to make decisions without your aid (say, they have dementia, and you direct them) then they should not have a license.