Results 1 to 6 of 6
  1. #1
    Join Date
    Jul 2011
    Posts
    3

    Default Unjust Handicapped Parking Violation

    My question involves a traffic citation from the state of: California

    I parked in a regular parking spot, which happened to be next to a handicapped spot. I fed a meter and went to a movie. While there I was issued a ticket for parking in a handicapped spot by the City of Alameda. It said in the notes section of the ticket, "Wheels touching handicapped parking lines".

    I took photos of my vehicle which clearly show that I wasn't parked on any lines or in the handicapped spot itself. I even went back a second time to make sure I wasn't wrong and took photos again. I've written two letters contesting the ticket which go to a private servicing agent to review. Both were sent back stating that the ticket was valid. (I suspect they weren't even reviewed) I took the case before a "hearing officer" at the City Hall who said he wasn't a "city employee" at the outset of the hearing. I plead my case and showed the photos. He said I argued a good case and as I was leaving and shook my hand. But still the determination which came in the mail today said the ticket was valid.

    I have one more shot to argue this case in a Superior County Court. I don't understand how any reasonable person could think I, given my evidence, that I was in violation of the parking rule. I'm not lying and I didn't do anything wrong. I don't know what more to say in my defense. I just didn't do it. Part of the problem seems to be that they presume I'm guilty just from having received the ticket. As if I'm guilty til I can prove my own innocence. And even then what I provided didn't convince them. There was no acknowledgement that the issuing officer (I presume a human) could make a mistake.

    What do I do? I can't afford to pay this fine. It's $365. And, I understand that it will be a point against my on my insurance. Help!

  2. #2
    Join Date
    Jan 2006
    Posts
    20,693

    Default Re: Unjust Handicapped Parking Violation

    I don't understand how any reasonable person could think I, given my evidence, that I was in violation of the parking rule.
    not saying you did this but what proves you didn't first move the vehicle and then take a picture?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,141

    Default Re: Unjust Handicapped Parking Violation

    What code were you cited for?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Unjust Handicapped Parking Violation

    cdwjava: The ticket says: Code64-22507.8A CVC33 ..thanks for your help




    JK: No I did not move the car and then take a photo. I'm not lying or fabricating my story. My evidence is all I can provide. I realize that they may think that I've lied but how else can I argue my case? Conversely, the city has no obligation to provide physical evidence which refutes my own. Their employee merely has to write a ticket and I'm guilty until I convince them otherwise. Where is real due process? I'm innocent.

  5. #5
    Join Date
    Jan 2006
    Posts
    20,693

    Default Re: Unjust Handicapped Parking Violation

    Quote Quoting TDF
    View Post



    JK: No I did not move the car and then take a photo. I'm not lying or fabricating my story. My evidence is all I can provide. I realize that they may think that I've lied but how else can I argue my case? Conversely, the city has no obligation to provide physical evidence which refutes my own. Their employee merely has to write a ticket and I'm guilty until I convince them otherwise. Where is real due process? I'm innocent.
    the problem is: an officer is accepted as an impartial observer as they do not benefit from writing a ticket. Whether you prevail or lose does not affect them. You, on the other hand, have much to lose from this ticket so a court sees you as more likely to not be honest. Not saying anything about you in particular but in general, just how it is.

    a couple questions that might lead to something though:

    what government issued the ticket?

    what, if any signs were present to indicate a HC space?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Unjust Handicapped Parking Violation

    The City Of Alameda California.

    There is a blue handicap sign on a post at the head of the spot to the right of where I parked. To the right of that spot were white lines marked on the pavement and text which reads "no parking". On the pavement in the handicap spot is a blue symbol like the one on the signpost of a wheelchair. I was parked in a regular metered spot with no symbols or signs.

    1. Sponsored Links
       

Similar Threads

  1. Parking Violations: Is Parking in Handicapped Parking a Traffic Violation
    By chewy5066 in forum Parking, Towing and Impound
    Replies: 1
    Last Post: 07-03-2011, 11:26 AM
  2. Parking Violations: Handicapped Parking Violation
    By Gianna Sciortino in forum Parking, Towing and Impound
    Replies: 1
    Last Post: 01-04-2011, 08:37 AM
  3. Parking Violations: Can I Fight This Handicapped Parking Violation
    By SWCherry in forum Parking, Towing and Impound
    Replies: 1
    Last Post: 07-19-2010, 04:08 PM
  4. Parking Violations: Handicapped Parking Violation in New Jersey
    By slaffka in forum Parking, Towing and Impound
    Replies: 5
    Last Post: 07-01-2010, 05:11 PM
  5. Parking Violations: Fighting a Handicapped Parking Violation
    By joeannc in forum Parking, Towing and Impound
    Replies: 1
    Last Post: 10-22-2008, 04:12 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document