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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Can You Get a Suspension of Handicap Parking Fines

    My question involves a Handicap parking citation from the state of: California
    Received a Handicap parking ticket because we forgot to hang the placard on rear view mirror. I note that California Vehicle Code Section 42001.13 "Imposition of Fine Unlawful Parking in Disabled Space" subsection (c) states: The court may suspend the imposition of the fine if the person convicted possessed at the time of the offense, but failed to display, a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.

    Is anyone here familiar enough with the California courts and judges to know if it requesting a suspension under this section of the vehicle code? I am concerned about the word 'may' in the code and what other factors a judge may consider here. Our only excuse is 'we forgot.'

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Cailfornia- Suspension of Handicap Parking Fine

    Unfortunately, parking citations are not initially heard in a court. The first level at which you contest a parking citation is before a hearing officer or panel.

    The citation should include information on how to schedule a hearing on the matter. Bring in your placard and registration showing that the placard had been issued at the time of the parking citation and present them to the hearing officer or panel. Hopefully they are registered to you and you are the owner of the car. If not, then this may be met with some skepticism.

    If you lose the hearing, you usually have two levels of appeal. The first will be to another individual within the citing agency and the next would be to the court.

  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Cailfornia- Suspension of Handicap Parking Fine

    Thanks for the prompt reply. I plan to file a letter per instructions on back of citation, and include photocopies of the placard and vehicle registration which shows my wife (the handicapped person) is a co-owner of the vehicle that was cited.

    My original concern was how this would be treated by the hearing officer or whoever conducts the first review. "I forgot" is usually a very weak legal argument. It is interesting the CVC even allows a court to consider such an argument.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Cailfornia- Suspension of Handicap Parking Fine

    Credibility of the person has much to do with the exercise of court discretion.

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