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Ticketed for Handicap Spot With No Lines on the Pavement

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  • 10-10-2013, 06:17 AM
    mdboy528
    Ticketed for Handicap Spot With No Lines on the Pavement
    My question involves a traffic citation from the state of: MICHIGAN

    Hi Everyone! I went out to my car this morning only to find a parking ticket. I really want to fight it becasue I do not think I was in the handicap spot, but I'm not sure if I have any chance of winning. Does anybody know Michigan handicap parking law? The situation was this:

    I parked significantly to the left of a handicap sign amongst angled street parking. There were no lines painted on the ground to designate the official area for any spots on the street, including the handicap spot. I took the picture attached here of my parking spot. There is clearly enough room for another car to park in the handicap spot (at least I think). Can I fight this? Any help is greatly appreciated!

    http://i42.tinypic.com/mtqvli.jpg
  • 10-10-2013, 08:20 AM
    PandorasBox
    Re: Ticketed for Handicap Spot- No Lines at All
    To fight it in court....you will have to go to the court in the county the ticket was issued. If you're local, it might not be an issue to you. Your ticket should have info on where to pay at, and a deadline. You need to go to that office. Take that pic with you.

    If you are local....it might be worth fighting. I mean, there is no sign in front of you car, there are no stripes or any signs of prior stripes really. If you're not local, the drive time/gas money may not be worth the fight.
  • 10-10-2013, 08:45 AM
    Mr. Knowitall
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    What police agency issued the ticket? State, County Sheriff, Municipality, University... instructions for contesting the ticket should be provided with the ticket, but the first appeal may be administrative or (for a handful of cities) through a municipal court.

    If that's the exact location where your car was parked, with no indication on the pavement to indicate that you were in a designated loading/unloading zone adjacent to the handicapped parking space, my inclination is to agree with Pandora. If this picture is from East Lansing, perhaps that block M on your license plate....
  • 10-10-2013, 08:55 AM
    jk
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    It appears MI has no specific requirements to mark the space. Here is a site that while speaking to a proposal for a law lists the other area of MI laws that address HC spaces. Don't know if there is anything there that may help but you can read it and see what you can find. The only thing I can see that would be a great argument is measuring the sign to make sure it is 12" X 18" or larger/


    http://www.legislature.mi.gov/docume...HLA-4495-a.htm
  • 10-10-2013, 08:57 AM
    mdboy528
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    Hahaha, ticket is not from East Lansing, although that might have explained a lot! It is from Detroit actually. The ticket was issued by city police and I am indeed local, so gas/time is not really an issue. The picture is the exact spot I was parked--I took the picture immediately upon seeing the ticket was for parking in a handicap spot.

    I appreciate the responses guys!

    The ticket does tell me how to contest, so I know how to do that. Does anyone know if I have a legal defense other than that the space is not clearly marked? Or is that a legal defense the magistrate/court will listen to?
  • 10-10-2013, 09:07 AM
    Mr. Knowitall
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    Pretty much, from what you have told us, the defense would be that you weren't actually in the handicapped space. I unfortunately can't promise you that the parking enforcement officer will agree that your car was parked at the location depicted in your photograph.
  • 10-10-2013, 09:16 AM
    mdboy528
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    Wow...thanks for the link to the law proposal, jk. You are clearly a much better researcher than I. :) I will be sure to study this document and print it off to take with me to the court when I fight the ticket. Hopefully I can find something in there to support my case. I will also measure the size of the sign to make sure it complies.

    - - - Updated - - -

    @Mr. Knowitall, thankfully the officer will not be able to deny where my car was parked as the City of Detroit documents all parking tickets via photo evidence, so my photo is not the only one that will be presented. I can look at the officers photo and it looks the same as mine. You guys have helped convince me that I should at least try to fight it. Thanks for the support!

    If anyone else has any ideas, I'd love to hear them! :)
  • 10-10-2013, 09:47 AM
    jk
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    Quote:

    Quoting mdboy528
    View Post

    If anyone else has any ideas, I'd love to hear them! :)

    get a Deetroit sourced vehicle. I imagine the Motor City cops might be a bit touchy when it comes to dealing with cars that are not made in 'murica.:greedy_dollars:
  • 10-10-2013, 10:04 AM
    mdboy528
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    Side note: When I purchased this car, it actually was a GM product (I worked for GM at the time). Not everybody in Detroit probably knows that though...
  • 10-10-2013, 10:17 AM
    jk
    Re: Ticketed for Handicap Spot With No Lines on the Pavement
    Quote:

    Quoting mdboy528
    View Post
    Side note: When I purchased this car, it actually was a GM product (I worked for GM at the time). Not everybody in Detroit probably knows that though...

    I knew it but beyond that, my statement was purely for entertainment purposes. There have been a few Saabs I have considered and one was actually pre-GM. I fell in love with a car that put the engine in backwards and the ignition in a place most people could not locate and while it looked like a whale breaching, it was roomy and comfortable inside. (the 900). I just couldn't get over the most unusual and pain in the rump front brakes on the thing though.
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