Contesting a Handicapped Parking Violation

[sapitason]

My question involves a traffic ticket from the state of: California.
92 yr. old mother knocked off handicap tag from rearview mirror, I didn't notice that. Upon returning from the store, I realized I had a $353.00 ticket and found handicap tag on floor of car.

[Ravenlocke]

My question involves a traffic ticket from the state of: California.
92 yr. old mother knocked off handicap tag from rearview mirror, I didn't notice that. Upon returning from the store, I realized I had a $353.00 ticket and found handicap tag on floor of car.

Almost positive if you plead not guilty and show up to court with the handicap tag and show it to the judge and explain the situation it would be worked out. It's the same principle as a broken headlight / tail light. They will allow you to fix it and if you show up to court and can prove its fixed they will drop the ticket. I see no reason that you won't be able to get this taken care of, so no worries.

[That Guy]

My question involves a traffic ticket from the state of: California.
92 yr. old mother knocked off handicap tag from rearview mirror, I didn't notice that. Upon returning from the store, I realized I had a $353.00 ticket and found handicap tag on floor of car.

Based on what little info you provided, my answer is: so what, it is the driver's responsibility to ensure that the handicapped tag is properly displayed when parking in a handicapped spot! Whether the tag was on the floorboard, at home or is yet to be issued, the violation is still valid simply because the vehicle was parked in a handicapped spot without properly displaying a handicapped tag!

If you would like to provide more info, then:

You were apparently driving/parking... Correct?

Whose car is it (registered under the same name as the handicapped tag holder or someone else's name)?

Whose handicapped tag is it? Yours or Mom's?

If it is Mom's, was she with you at the time?

Was a "parking ticket" issued by parking enforcement (issued on a local city/county form usually requiring payment to a city entity) or was it issued by law enforcement (on a notice to appear, requiring a court appearance) [my guess is it wasn't this simply because if it was, you would not see the fine amount from the citation and that fine amount will be more like $1080]?

What city was this in?

what code section does the citation list?


Regardless of what city it was issued by, if it is a prking citation issued by parking enforcement, the review process is mandated by under VC section 40215

Which basically breaks it down into 3 steps: step 1 is an initial review, the look at the citation, decide it was properly issued, and deny your request. Even if you decide you want an administrative hearing, the Fine is now due and payable. (refunded if you prevail). The second review is a hearing which can be conducted by you appearing in person or by written declaration. They are conducted by administrative law judges and the likely outcome, unless there is a gaping error with the citation, and my guess is that this one was not improperly issued, the results will be similar to the paragraph I offered above (though much shorter ) in that the citation will be upheld.
It is only at the third level of appeal that it will end up in court and the sympathy factor might play a role. And in all honesty, it simply boils down to the fact that the citation is valid, it was issued for a legit reason and only an understanding sympathetic judge would be inclined to reduce it but not likely to dismiss it.

Then again, who knows... You may submit a copy of the tag and information that it is valid at the time, just mistakenly not displayed properly... And you might get sympathy at the first review... For $353, I guess its worth the try!

Almost positive if you plead not guilty and show up to court with the handicap tag and show it to the judge and explain the situation it would be worked out. It's the same principle as a broken headlight / tail light. They will allow you to fix it and if you show up to court and can prove its fixed they will drop the ticket. I see no reason that you won't be able to get this taken care of, so no worries.

the difference is that parking citations are not fix it tickets and more often than not, the process entails quite a bit before one is able to argue the matter before a judge!

This citation is legit and assuming that it will be outright dismissed at any of the levels it is contested it way too optimistic to be realistic!