Handicapped Parking Harassment

[djmiller8514]

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

i am a driver for a hotel. i was picking up my guests at a local restaurant and, when i saw my guests, nosed into a handicapped parking spot just long enough to open the door and let them in. as the people were crawling in, a cop pulled in behind me and told me "u can't park in a handicapped parking space!" to which i sincerely apologized and tried to justify by saying that i had just nosed in, the vehicle had been running the whole time as i was merely loading some people into the vehicle and then leaving. the officer replied "I SAID YOU CAN"T PARK IN A HANDICAPPED SPOT, MOVE YOUR VEHICLE NOW!" i replied 'yes sir' and took one step to close the door passenger door and he honked his horn for about five seconds and yelled out his window "When i tell you to move your car you move your car! you don't close the door!!" "you know what i'll just give you a ticket" and he proceeded to turn on his lights and write me a parking violation. i understand that i technically was blocking a handicapped spot, but do i have any case at all for arguing this violation? maybe harrassment for the way he handled the situation?

[jk]

on what grounds do you possibly think you have any defense to the ticket?


and the officer was not harassing you. You were failing to follow a lawful order and he simply presented you with the ticket he apparently was not going to issue you had you followed his orders.

if you were in the act of moving the vehicle, how could the officer be honking his horn for 5 seconds and you still had not moved the vehicle?

[djmiller8514]

i didn't say that i was in the act of moving the vehicle. i said that a guest was in the act of getting into the vehicle and i took a step to close the door when he laid on the horn and yelled at me. i'm pretty sure he would have given me a moving violation if i had moved the vehicle with the door open so i guess i should just count my blessings that i did try to close the door instead of immediately moving the vehicle, and thus only got the parking violation. i understand i probably am in the wrong for even having waited where i did, just pisses me off when people feel the need to power-trip about something like a parking ticket in a 1/2 empty parking lot in a small town. these guys are supposed to be 'serving and protecting' not out looking for reasons and ways to meet their quota so that they can fund their dept so that they have job security. this guy wasn't looking to serve and protect handicapped people, he was just in a bad mood that night and i got the brunt of it.

[jk]

apparently you felt the officer should cut you a break:

i sincerely apologized and tried to justify by saying that i had just nosed in, the vehicle had been running the whole time as i was merely loading some people into the vehicle and then leaving.

the officers position was:

no apologies or explanations needed, just move the vehicle.

then, you took additional time (even after your needless and useless explanation) and he simply got tired of waiting for you to do the right thing.

sounds like the ticket was well deserved.

Ya, he could have waited another 5, 10, 30 seconds but it apparently really pisses him off when somebody illegally parks in a handicapped parking space and then tries to justify his breaking of the law and even when given a break, still does not move his ass to remedy the situation.

He didn't even have to give you the opportunity to move. He could have simply walked up and given you a ticket. Then you would probably be here whining about how you were not really in the parking spot, didn't really park there just picking up a passenger, and all the other lame excuses people use to park in a handicapped parking spot when they are not legally entitled to.

don't be pissed at the officer for doing his job. kick yourself for being wrong and thinking there was any justification for breaking the law and then for not taking the opportunity to avoid a ticket when an officer gave you that opportunity.

[NCC 1701]

It was a textbook example of "Revenue Collection" that's all by the way, does anyone know the law/policy/rule for a cop parking in a handicap zone? I saw a video on YT the other day that showed a cop coming out of a store and getting in his cop car that was parked in a handicap zone, the guy filming ACTUALLY approached him and asked why he was parking there, the cop said because he needed quick access to his car, remember; this cop came out of what looked like a home-improvement store carrying several plastic bags of merchandise he'd apparently purchased

[jk]

It was a textbook example of "Revenue Collection" that's all

actually it's a textbook example of an idiot parking where he was not allowed being properly ticketed after he was given an opportunity to prevent the ticket by moving the vehicle immediately.

I do not believe an officer has any legal right to park in a handicapped spot with the possible exception of responding to an emergency situation. Each state does have their own laws though and I'm not looking up 50 different laws to verify my statement.

[NCC 1701]

actually it's a textbook example of an idiot parking where he was not allowed being properly ticketed after he was given an opportunity to prevent the ticket by moving the vehicle immediately.

I do not believe an officer has any legal right to park in a handicapped spot with the possible exception of responding to an emergency situation. Each state does have their own laws though and I'm not looking up 50 different laws to verify my statement.

Maybe I mis-read the OP post, it sounded as if he had actually blocked entrance versus completely parking in the stall, I suppose by law he was in the wrong, wouldn't you kind of think maybe at least some discretionary judgement could've been used? IF the van had been impeding progress, or there was a line of handicapped cars waiting to park there, I could see it, otherwise, sounded like the cop was having a bad day, maybe he caught his wife with her boyfriend

Oh, and I didn't ask you to look up 50 different laws to verify your statement, Relax, it'll be OK

[jk]

=NCC 1701;401470]Maybe I mis-read the OP post, it sounded as if he had actually blocked entrance versus completely parking in the stall,

this is what he said:

nosed into a handicapped parking spot just long enough to open the door and let them in.

actually, if he had simply blocked the spot and not "nosed in" to the spot, the cop probably would not have done a thing but that is simply a guess so, since he did occupy part of the parking spot, he broke the law.

I suppose by law he was in the wrong, wouldn't you kind of think maybe at least some discretionary judgement could've been used?

there was. The cop told him to move the van. OP did not find the officers directions enough of an immediate need to follow them immediately. Officer was then done with discretion so he issued a ticket.

IF the van had been impeding progress, or there was a line of handicapped cars waiting to park there, I could see it, otherwise, sounded like the cop was having a bad day, maybe he caught his wife with her boyfriend

and another attempt to rationalize not being issued a ticket. It matters not if there was nobody wanting to use that space or there were 100 other handicapped spaces that were empty.

He broke the law; he got a ticket


If he is innocent, he can go fight the ticket. If he was within the markings that designate the parking space, he broke the law and is being punished for it. That is what the fine is for, so a person will hopefully not do the same dumb thing again.

Oh, and I didn't ask you to look up 50 different laws to verify your statement, Relax, it'll be OK

you asked a question with no state indicated. Did you want me to pick one at random so I could answer your question? Not doing that either.

[cyjeff]

Let's not forget that the op was outside the vehicle at the time... remember? He said that he took a STEP to close the door...

So... he pulled into a handicapped spot, put the vehicle in park and GOT OUT.

good ticket.