Misuse of Placard - Person Was in Building

[thumba]

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

I had dropped my boyfriend off inside the building when I went to look for parking. I parked with his placard when approached by two officers. They gave me a ticket and confiscated his placard because he was not with me at the time and i could not get him on the phone. About an hour later, he came out of the building and we saw the officers to show that it was him and he was there with me. They said they would see me in court. How can I fight this, and has anyone experienced this to know what to look forward to at the court date.

[cdwjava]

What code section were you cited for?

Of course, if you had dropped him off, you could also have drove up to pick him up. Why was the handicapped parking space needed to wait for him to come out?

[thumba]

It was not a handicapped parking space, just a regular meter.

I had dropped him off so that i could find parking, then i was going to meet him inside to find out if i was going to wait there if he was not done with what he was working on (i had brought him a lunch just incase we would be there a while), or if we would be leaving. Regardless, I was going to be leaving with him.

code 4461

[cdwjava]

It was not a handicapped parking space, just a regular meter.

Important to know ... still, what section were you cited for.

[thumba]

vc 4461(c)

(thank you for your help)

[cdwjava]

Here is the section:

4461.
(b) A person to whom a disabled person placard has been issued
shall not lend the placard to another person, and a disabled person
shall not knowingly permit the use for parking purposes of the
placard or identification license plate issued pursuant to Section
5007 by one not entitled to it. A person to whom a disabled person
placard has been issued may permit another person to use the placard
only while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6. A violation of this
subdivision is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is a misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), imprisonment in the county jail for not more than six
months, or both that fine and imprisonment.

Since the person to whom the placard was issued was not in the proximity, it appears they have a good case against you. Understand that this can also be charged as a misdemeanor ... though it is most often filed as an infraction. If you go to traffic court, it's an infraction. If it goes to criminal court, then you might want to speak with an attorney.

[thumba]

further information that may help. He was able to come downstairs about an hour later and the officers saw him themself, so they know i was not alone.

[cdwjava]

further information that may help. He was able to come downstairs about an hour later and the officers saw him themself, so they know i was not alone.

But, he was not present nor in the proximity at the time of the offense as required per 4461. The placard does not give another person the right to utilize it for a prolonged period of time.

You and he can make your argument at court, but I suspect he will have to return to the DMV and seek a new placard or replacement of the old one, and you may have to pay an expensive fine.

[jk]

But, he was not present nor in the proximity at the time of the offense as required per 4461. The placard does not give another person the right to utilize it for a prolonged period of time.

You and he can make your argument at court, but I suspect he will have to return to the DMV and seek a new placard or replacement of the old one, and you may have to pay an expensive fine.

Carl, she was not utilizing the benefits afforded a proper holder of a HC placard.

I see this as a serious miscarriage of justice. She was transporting the legal holder of the placard. She was not actually utilizing the benefits of the placard. I simply see no reason to punish the person.


What if a person borrows a HC persons car and the HC party simply has the placard hanging on the mirror all the time? Most people wouldn't give it a second thought and simply ignore it. Based on this law, a person can be charged with a misdemeanor for it simply hanging on the mirror. There is a problem with that.

If it was me, I would contest the ticket on the basis of the rightful holder of the placard was within a reasonable proximity to the OP. First, if nothing else, I would argue that him being in the building, especially after OP transported him there is within a reasonable distance. Unless reasonable is defined somewhere either in statute or case law, I would think it is a reasonable statement.

then, if that fails, I would argue that the statute itself was unconstitutional as it is overly vague and therefor unenforceable. How is a person to know what might be accepted as reasonable? What if the cop felt 20 feet was unreasonable. What about 200 feet? It is too arbitrary without further clarification.

[cdwjava]

Carl, she was not utilizing the benefits afforded a proper holder of a HC placard.

I see this as a serious miscarriage of justice. She was transporting the legal holder of the placard. She was not actually utilizing the benefits of the placard. I simply see no reason to punish the person.

Actually, it seems she was. A placard holder does not have to pay for metered parking. I am assuming that the OP had not fed the meter. If she did, then the offense should be relatively easy to beat.

If it was me, I would contest the ticket on the basis of the rightful holder of the placard was within a reasonable proximity to the OP.

That's about all she can argue ... but, depending on the distances, after an hour and a half that might be a tough argument to make.