Not Returning with Handicapped Passenger to Handicapped Parking

[Arigoldstein87]

My question involves a traffic ticket from the state of:Florida
Last night I went out to eat with my grandmother. After dinner my brother took her home.
upon arrival we parked in disabled parking with a valid permit. As I returned to my vehicle alone two officers stopped me and gave me 2 tickets.
1. Unlawful use of disabled parking space
2. Parking in a disabled spot with no permit
Only when I left did I realize that the officer did not return my grandmothers permit.
Can I get a ticket for not returning with my grandmother to the disabled spot?
Are they allowed to take my permit?
Why would I get a ticket for " parking in a disabled spot with no permit," when I had one?
These officers were clearly out to get me.
How do I go about fighting these tickets?
Thank you

[PTPD22]

Can I get a ticket for not returning with my grandmother to the disabled spot?

If the circumstances are such that it gives the officer probable cause to believe you were misusing the permit, then, yes, you can. The officer obviously arrived after you had already taken your grandmother inside. All he/she saw was an obviously able person returning to a car parked in a handicap space. How long was the car parked there? Was the car registered to the permit holder or was it registered to you or your brother? Was the car parked near of the permit holder's listed residence? Why were you retaining possession of your grandmother's permit?

320.0848 Persons who have disabilities; issuance of disabled parking permits; temporary permits; permits for certain providers of transportation services to persons who have disabilities.—

(7) Any person who fraudulently obtains or unlawfully displays a disabled parking permit that belongs to another person while occupying a disabled parking space or an access aisle as defined in s. 553.5041 while the owner of the permit is not being transported in the vehicle or who uses an unauthorized replica of such a disabled parking permit with the intent to deceive is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(8) A law enforcement officer may confiscate the disabled parking permit from any person who fraudulently obtains or unlawfully uses such a permit. A law enforcement officer may confiscate any disabled parking permit that is expired, reported as lost or stolen, or defaced, or that does not display a personal identification number.

(a) Beginning April 1, 1999, the permit number of each confiscated permit must be submitted to the Department of Highway Safety and Motor Vehicles, and the fact that the permit has been confiscated must be noted on the permitholder’s record. If two permits issued to the same person have been confiscated, the Department of Highway Safety and Motor Vehicles shall refer the information to the central abuse hotline of the Department of Children and Family Services for an investigation of potential abuse, neglect, or exploitation of the permit owner.
(b) A confiscated permit must be held as evidence until a judicial decision about the violation has been made. After a finding of guilt has been made or a plea of nolo contendere has been entered, the charging agency shall destroy the confiscated permit. A confiscated permit may not, under any circumstances, be returned to its registered owner after a finding of guilt has been made or a plea of nolo contendere has been entered in court. The permit number of each destroyed permit must be reported to the department, and the department must record in the real-time disabled parking permit database that the permit has been invalidated.

Are they allowed to take my permit?

Yes, they are. See (8) above.

Why would I get a ticket for " parking in a disabled spot with no permit," when I had one?

Because the permit was not yours to use. You don't have a permit, your grandmother does.

These officers were clearly out to get me.

Really? Paranoid much? Do the officers know you? Have they been stalking you? What motivation do they have to "get" you? Is there some reason for this perceived personal vendetta? Do you have any actual evidence that they have a grudge against you as opposed to simply enforcing the laws as they are paid to do and have taken an oath to do?

How do I go about fighting these tickets?

You explain the circumstances and provide whatever circumstantial evidence you can that tends to verify your story. Get your grandmother and brother to testify or provide statements of what happened. Show that the answers to the questions I pose at the top ^^^^ are in your favor and are reasonably believable. Retaining a lawyer would be a good idea as this is a misdemeanor, not just a parking infraction.

[Arigoldstein87]

The car was parked for 1.5 hours. It was not next to her residence as we went out to eat about 20 minutes from home.
The car is a rental.
The reason I had my grandmothers permit is because I am staying with her (one week vacation in Florida) and I drive her around during the day for errands.

[Mr. Knowitall]

Last night I went out to eat with my grandmother. After dinner my brother took her home.

So you have a receipt from dinner, your mother's statement and your brother's statement that could potentially help with the ticket....

Was there any video surveillance in the parking area where you parked? If so and you act promptly you may be able to secure video of you and your grandmother parking in the car.

upon arrival we parked in disabled parking with a valid permit. As I returned to my vehicle alone two officers stopped me and gave me 2 tickets.

What drew the officers' attention to you and your vehicle?