My question involves a traffic citation from the state of: Ca - San Diego Police Charged with CVC 4461 (C)
I was ticketed by a San Diego Police at the Qualcomm Stadium to see a Charger/Bronco football game.
Let me back up here just a moment so you know the facts before I got to Qualcomm. I am the uncle of 2 disabled children (Sarah and Scott). Both of these kids are in wheelchairs and have been disabled all there life. They are 22 and 18 years old now.
My sister originally was going to take the children to see the football game herself and had purchased 4 tickets to the game. Two of those tickets are wheelchair seats and the other two are companion seats right next to the WC seats. My niece (Sarah) got sick right before the game and could not go to the game, so my sister asked me to take her son Scott and she would watch Sarah at home. This is the reason I was driving instead of my sister.
So I drive to the game. I have Scott on board with 2 of his friends. We pull into the main gate. The parking attendant waves us through because apparently handicapped people do not have to pay to get into the parking lot. I was unaware of this at the time because I have never been there to use a handicapped spot. I pulled ahead a few feet more and was stop by a SD Policeman (Traffic cop). He asked me for my registration to the handicapped placard. I told him I was unaware of who it was registered to because this is not my vehicle but I have a disabled child in the back and that it must belong to either my nephew or my niece. Eventually I was able to find the registration to the placard and it turns out to be in my nieces name and not my nephew. The cop confiscated the placard, wrote me a ticket for misuse of a handicapped placard and kicked use out of the parking lot despite the fact that there was a handicapped person on board in a wheelchair. We had to park a mile and a half away from the stadium and as a result my nephew was forced to ride his wheelchair in the street (Sidewalks were not handicapped accessible) at night with a bunch of drunk charger fans driving crazy in the streets. My nephew was put at risk because this cop thought it was more important to write tickets than it was to provide public safety.
On top of this now I have to go to court because I was ticketed all because of a technicality of a name on a placard that belonged to his sister Sarah instead of Scott's name despite the fact that they both have been disabled all there life and the vehicle in question was a handicapped van with a built in wheelchair lift and is the primary vehicle used for both Sarah and Scott. This is so stupid it's beyond belief! How could the San Diego Police department be so cruel as to subject my nephew to this and jeopardize his safety? This is a complete lack of judgment in my view and it is all being done for the purpose of generating revenue for the city. That is what this is really all about -Making money!
My question is what probably cause did this policeman have in the first place to even stop the vehicle? I do not believe that just because I pull into a parking lot I waived my constitutional rights to be questioned or searched. I also do not believe that just because of a technicality of a name on a placard that this in anyway negates the fact that I still had a disabled person on board. This case is going to trial. There is no way that I would plead guilty to any wrong doing in this case. If there is any wrong doing that would be the San Diego Police Department.