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Parking in a Handicap Space Without a Placard

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  • 03-19-2013, 11:55 AM
    richhon
    Parking in a Handicap Space Without a Placard
    My question involves a traffic citation from the state of:

    Dear Sir/Madam

    I would like to check whether I can appeal for my case. Here is the details:

    1. I have parked in the college campus disabled parking to wait for my wife returning a cell phone to my daughter
    2. I was there while the police car pull in
    3. I explained to the police that I was leaving but he gave me a ticket
    4. my wife just come down from the dormitory however the police don't allow her to stop by to explain
    5. I called the the office and they asked me to call back later, probably give them an explanation in written form as my home is a couple hours away from campus

    Do you think that I can appeal for the case?

    Thank you for taking time to give advice!

    sincerely

    Richard
  • 03-19-2013, 12:46 PM
    flyingron
    Re: Parking in a Handicap Space Without Placap
    You have to tell us what state you are in. We ask for a reason.

    However, in just about every state I can imagine you have no defense. The handicapped parking law does not say "No parking unless you have a placard or you are just waiting for your wife."
  • 03-19-2013, 04:28 PM
    jk
    Re: Parking in a Handicap Space Without a Placard
    Quote:

    Quoting richhon
    View Post


    Do you think that I can appeal for the case?

    Do either you or your wife have a valid handicap parking placard? Was it displayed as required while you were parked?

    Unless the answers are yes and yes, you have no defense to the ticket as long as the parking space met the statutory requirements to be accepted as a handicap parking space.
  • 03-19-2013, 04:33 PM
    johnb123
    Re: Parking in a Handicap Space Without a Placard
    My mother is handicapped, and I wouldn't park in a handicapped spot until I got her placard.
  • 03-19-2013, 06:58 PM
    Disagreeable
    Re: Parking in a Handicap Space Without a Placard
    Actually, in many states, if the placard holder is not getting out of the car, it is still illegal. Since we don't know your state, lets make that "Was it your wifes placard?"
  • 03-19-2013, 07:17 PM
    richhon
    Re: Parking in a Handicap Space Without Placap
    in this sense, we have no hope but pay for the ticket. Is there a reduction if we take the defensive driving. I m in Texas.
  • 03-19-2013, 07:20 PM
    jk
    Re: Parking in a Handicap Space Without Placap
    that one I cannot answer for you. I would suspect not though. Most states take parking in HC spaces quite seriously and tend to not allow much other than paying the fine. Possibly another here might be able to answer the question.
  • 03-19-2013, 08:00 PM
    Disagreeable
    Re: Parking in a Handicap Space Without a Placard
    Here is the Texas statute. It does not specifically require the operator, if the registered permit holder, leave the vehicle while parked in the space.

    Quote:

    Sec. 681.006. PARKING PRIVILEGES: PERSONS WITH DISABILITIES. (a) Subject to Section 681.009(e), a vehicle may be parked for an unlimited period in a parking space or area that is designated specifically for persons with physical disabilities if:

    (1) the vehicle is being operated by or for the transportation of a person with a disability; and

    (2) there are:

    (A) displayed on the vehicle special license plates issued under Section 504.201; or

    (B) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard.

    (b) The owner of a vehicle is exempt from the payment of a fee or penalty imposed by a governmental unit for parking at a meter if:

    (1) the vehicle is being operated by or for the transportation of a person with a disability; and

    (2) there are:

    (A) displayed on the vehicle special license plates issued under Section 504.201; or

    (B) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard.

    (c) The exemption provided by Subsection (b) or (e) does not apply to a fee or penalty:

    (1) imposed by a branch of the United States government; or

    (2) imposed by a governmental unit for parking at a meter, in a parking garage or lot, or in a space located within the boundaries of a municipal airport.

    (d) This section does not permit a vehicle to be parked at a time when or a place where parking is prohibited.

    (e) A governmental unit may provide by ordinance or order that the exemption provided by Subsection (b) also applies to payment of a fee or penalty imposed by the governmental unit for parking in a parking garage or lot or in a space with a limitation on the length of time for parking.
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