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  1. #1

    Default Display of Disabled Person's Placard in California

    I was driving a car not registered to me in Los Angeles, California. The vehicle has disabled person's plates, as the person to whom the vehicle is registered is disabled. I parked the car in a permit only, residential zone. I did not park in a disabled person's space, nor did I display a disabled person's placard. A DMV "cop" stopped me and asked me for my disabled person's identification; however, because I am not disabled, I could not provide him with one. He started asking my all kinds of questions, which I chose not to answer. I cooperated with him, gave him my id, and told him the car did not belong to me. His partner then issued me a misdemeanor citation under VC 4461(c). They took pictures of the plates that were on the car and a picture of me. I was cooperative, but did not admit to anything. When I looked up the vehicle code later, I noticed it was for displaying a "disabled person's placard." I think what he meant to have cited me for was for 4461(d), which relates specifically to the use of disabled person's plates and parking. Does this matter? Could it be dismissed based on this? And if so, would the city attorney simply be allowed to refile? Should I try to get a court appointed attorney since I am a student and because I am being charged with a misdemeanor? I have no criminal record nor do I have any traffic violations on my record. Any suggesstion would be appreciated.

  2. #2
    Join Date
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    Default Re: Display of Disabled Person's Placard in California

    The citation you recite relates to parking in "parking stalls or spaces designated for disabled persons". If you did not do that, contest the ticket on that basis. As this is a criminal charge I suggest consulting a lawyer.
    Quote Quoting CVC 4461 - Unlawful Use of Forms of Registration, Plates, Permits, or Placards, or Validation Tabs
    (a) No person may lend any certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, nor may any person knowingly permit its use by one not entitled to it.

    (b) No person to whom a disabled person placard has been issued may lend the placard to any other person, nor may any disabled person knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

    (c) Except for the purpose of transporting disabled persons as specified in subdivision (b), no person may display any disabled person placard that was not issued to him or her or that has been canceled or revoked pursuant to Section 22511.6. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

    (d) Notwithstanding subdivisions (a), (b), and (c), no person using a vehicle displaying a special identification license plate issued to another pursuant to Section 5007 may park in those parking stalls or spaces designated for disabled persons pursuant to Section 22511.7 or 22511.8, unless transporting a disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

    (e) For the purposes of subdivisions (b) and (c), "disabled person placard" means a placard issued pursuant to Section 22511.55 or 22511.59.

  3. #3

    Default Re: Display of Disabled Person's Placard in California

    I did not do do anything under (c) - the code violation for which I was actually cited - nor (d) - the code violation for which I think he meant to cite me. Of course I will fight it, but I am wondering if it gets thrown out for insufficiency of evidence, would the prosecutor be permitted to refile the case against me under the "correct" charge?

    And I believe that by virture of the "pursuant to" language under (d), residential, non-designated spaces, would count as disabled spaces, but I may be wrong. You have to do some cross-referencing when reading the codes, but, again, my interpretation may be incorrect. In any case, I was cited to (c), not (d).

  4. #4
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    Default Re: Display of Disabled Person's Placard in California

    Subsection (c) references placards, not plates. If there was no placard in use, I don't see how it would apply. It would be more than a bit ridiculous to make it a misdemeanor for anybody to borrow a car from somebody with handicapped plates, but it is reasonable that non-handicapped people shouldn't be displaying somebody else's placard.

    If there was no placard in use and you weren't in a handicapped space, I don't see how the statute applies. If the police have pictures, their own pictures may establish that you weren't in a handicapped space.

  5. #5

    Default Re: Display of Disabled Person's Placard in California

    I completely agree with you. I spoke with a really helpful public defender today who basically said the same thing. He said that based on his experience and the facts as I explained them, he has never seen such a case filed, especially given that I was not displaying a placard, nor parked in a designated disabled person's space. I am much more hopeful, after speaking with him and reading your input, that there will be a favorable outcome for me. But, then again, you never know...He also said that the city attorney has up to a year to file a case against me and that he may file a case against me for whatever the facts reasonably support. So, again, time will tell.

    Thanks again for your thoughts.

  6. #6
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    Default Re: Display of Disabled Person's Placard in California

    It IS possible that the citation will be amended prior to court. So, keep your eyes open for the mail.

    - Carl

  7. #7

    Default Re: Display of Disabled Person's Placard in California

    I agree, but I can't find anything in the code that would apply, nor could the public defender with whom I spoke. So even if they did ammend it, I am not sure what they would ammend it to. I even went back with a friend to video tape the area, including the spot at which I was parked, the street sign, and the address on the citation - just in case they try to say it was a disabled person's spot or in case the spot is later changed to a disabled person's spot.

  8. #8
    Join Date
    Sep 2005
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    California
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    Default Re: Display of Disabled Person's Placard in California

    They could amend it to the appropriate municipal code section for violating the permit requirement.

    The reason I think they erred was because it would appear that the officer felt you were attempting to use the disabled plates to try and avoid the permit requirement (meters and such are waived for these plates). I don't have the inclination to search the CVC just yet, but there may be one for this ...

    But, if they do not amend, there is no need to worry.

    - Carl

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