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  1. #1
    Join Date
    Feb 2009
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    1

    Angry Handicap Parking Violation - Car Running 1 Min to Pick Up Child

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

    I just received a handicap parking violation for $275.00 for waiting in a handicap parking slip with car running 1 min while my daughters car pool pulled up to let her out. Officer approached my car window as my daughter was getting out of the car pool car. Officer asked me if I knew I was parked in a handicap parking place. I said that I was waiting for my daughter to be dropped off. This was a park and ride car pool parking lot in which all parking spaces were taken. My car was running and he drove in off the free way like he was doing a parking lot check and then circled back and stopped right in front of my car. I was very polite explained that I was temporarily stopped here to pick up my daughter. Literally 1-2 minutes stopped with car running. There is no place to stop a car for passengers to move from one car to the next. She is 14 years old and I am always there waiting for her as I would not want her to be let out of the car without me waiting. IN the 4 months I have been picking her up in this particular parking lot there has never once been a car parked in any of the three handicapped parking spots. This day there was no cars parked there as well. He asked for my registration and license and I again tried to explain I had only been there a min. He wrote me up any ways. As he handed me the citation I asked why he did not feel he could have given me a warning. His reply, "You didn't ask for one". Is there any sort of legal law or code I can use to fight this. Aren't California High Way patrol officers suppose to be patrolling our high ways to make things safer. Is California so stretched for funds that they need to give citations out for nonsense like this. I would appreciate anyone telling me if I have any thing I ca use in a letter stating to deny this charge. I feel like I need to speak up...what do I have to lose?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    Are you saying you weren't in the handicapped spot?

    Other than that, I don't see a defense.

    I also recommend you avoid the whole "don't the police have better things to do" speech. That really doesn't go over in court well.

    I would, however, be very polite and respectful in court and beg for mercy. You may get it. You may not.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    Sorry Stella. 1 minute, 1 hour, Engine running, engine cold, only open spot, nobody has parked there in a year. None of it makes any difference. Unless you have a permit, you do not get to park there.

    Is there any sort of legal law or code I can use to fight this
    No, because what you did was illegal. It's just that simple.

    Aren't California High Way patrol officers suppose to be patrolling our high ways to make things safer.
    they are out and about to enforce the laws of california, including ticketing folks that park in handicap spots without permits.

    Is California so stretched for funds that they need to give citations out for nonsense like this.
    Nonsense? I usually don;t see enforcing the laws of California as nonsense. I strongly suggest you do not say anything remotely close to this to the judge, should you decide to argue the ticket. It won't go over well.

    I would appreciate anyone telling me if I have any thing I ca use in a letter stating to deny this charge.
    Nope because there isn't anything.

    I feel like I need to speak up...what do I have to lose?
    Complaining when there is some question as to the validity of a ticket is the right thing to do. When there is no question, speaking up just makes you look like a whiner. Like you said, you have nothing to lose. You have nothing to gain either but it's your time, not mine so go ahead and complain about a righteous ticket.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    Considering he gave you the ticket WHILE YOU WERE PARKED IN THE HANDICAPPED SPOT, I am not sure you have much wiggle room.

  5. #5
    Join Date
    Nov 2008
    Posts
    15

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    First off, what code does it say you were cited with on the ticket you were given? In fact, if you could tell me EVERYTHING the ticket says, I could better be able to assist. Once you tell me those things, I'll start researching a bit more to help you. Right now, the only information I have is that you were parked (albeit temporarily) in a handicap spot and you were given a ticket.

    Here's my suggestion. I know a lot of people here can be... well. Unhelpful. Many people who patrol these forums are actually cops. Instead of giving you advice, they insult your intelligence and make you think there's nothing you can do.

    On the contrary. While you might not be able to fight that you were indeed in a handicapped parking spot, you CAN try to fight the wording of the ticket.

    1) Make sure that, by California Legal Definition, that the spot you were in is LEGALLY a handicapped spot. Was the sign clearly visible? I'd even go as far as to make sure the parking spot had the correct parking dimensions. According to http://www.qcode.us/codes/stanton/vi..._050&frames=on, Handicapped parking spaces shall have the following dimensions: Each parking space designated for use by the handicapped shall consist of a rectangular area not less than fourteen feet wide by twenty feet long. Don't be prideful! If you have to get out there with your measuring tape, DO IT. If they're gonna hold you so strictly to these laws, then you should hold them JUST AS STRICTLY to them too!

    I will research a bit more. Please don't let the other people on this forum discourage you. There are those of us who like to help.

    Please note that I am NOT an attorney and that my advice should not be taken as that of an attorney.

    Edit: Here's a bit more information I found regarding handicap parking spaces. It's a lot of information, so I'll post the link. What you need to do is make sure that the parking spot lives up to EVERY SINGLE ONE of those prerequisites. If it doesn't, you've got something to use. http://dmv.ca.gov/pubs/vctop/d11/vc22511_8.htm

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    There are those of us who like to help.
    There are also those of us who actually NEED those spots - and sometimes, that's even a judge or other officer of the court.

    Is there any sort of legal law or code I can use to fight this.
    You mean the statute that makes it illegal to park in a handicap reserved spot without certification that you are, indeed, actually handicapped/disabled?

    No. There's no legal justification, and as Cyjeff notes, you have no legal defense.

    Stella, the court won't take kindly to you arguing about the dimensions of the parking space, either. I wouldn't advise it. I also wouldn't advise trying to justify your actions by telling the court "but no one ever parks there!" That would REALLY make the judge angry.

    Be excruciatingly polite. Apologize profusely and sincerely. Promise to never, ever do that again, ever. If you catch the judge on a good day, you may end up with a reduction in fine or even a dismissal.

    But take your checkbook just in case.

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    Here's my suggestion. I know a lot of people here can be... well. Unhelpful. Many people who patrol these forums are actually cops. Instead of giving you advice, they insult your intelligence and make you think there's nothing you can do.
    first, there are very few police officers posting on this site currently and the one I know for sure would tell a person they were wronged if they were and they weren;t. Quit acting like you are high and mighty. If a person broke the law, they broke the law. It is not wrong to say so.


    On the contrary. While you might not be able to fight that you were indeed in a handicapped parking spot, you CAN try to fight the wording of the ticket.
    Ya, best of luck with that. While California appears to be the land "of get away with breaking the law because of...." laws, it is going to take a great error to cause the ticket to be defective.

    1) Make sure that, by California Legal Definition, that the spot you were in is LEGALLY a handicapped spot. Was the sign clearly visible? I'd even go as far as to make sure the parking spot had the correct parking dimensions. According to http://www.qcode.us/codes/stanton/vi..._050&frames=on, Handicapped parking spaces shall have the following dimensions: Each parking space designated for use by the handicapped shall consist of a rectangular area not less than fourteen feet wide by twenty feet long. Don't be prideful! If you have to get out there with your measuring tape, DO IT. If they're gonna hold you so strictly to these laws, then you should hold them JUST AS STRICTLY to them too!
    Was the OP in Stanton? Are these regs the same as all of California? but yes, this is about the only true argument to the OPs situation.

    Please don't let the other people on this forum discourage you. There are those of us who like to help.
    Come down out of the clouds. Most everybody here helps where it is due but if an arrogant person comes here claiming all sorts of BS excuses for not deserving the ticket, most reasonable people are offended, especially concerning handicapped parking.

    Please note that I am NOT an attorney and that my advice should not be taken as that of an attorney.
    we can tell

  8. #8
    Join Date
    Nov 2008
    Posts
    15

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    While the court won't be happy with you arguing the dimensions of the parking spot, they force us to obey the laws, so why shouldn't they? Them not being happy because they were wrong means that they had no legal right to give you a ticket. Lawyers get cases thrown out over tiny technicalities all the time. You just have to find those technicalities. And, actually, I am in law school. So I maybe not a lawyer, but I do have a bit of experience. My professor's motto is 'fight what you can fight, not what you can't'.

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Handicap Parking Violation-Car Running 1 Min to Pick Up Child

    Quote Quoting Saldore
    View Post
    Hehe! So far I'm the only person trying to help. And yes, while the court won't be happy with you arguing the dimensions of the parking spot, they force us to obey the laws, so why shouldn't they? You can insult me for trying to help, just as easily as I can insult you for trying to discourage. And, actually, I am in law school. So I maybe not a lawyer, but I do have a bit of experience. My professor's motto is 'fight what you can fight, not what you can't'.
    I'm not discouraging anybody. Notice, I even agreed that the size and markings is the only item of real substance you presented.

    btw: read what you linked. The space must be at least 19 feet long. The parking area 9 feet wide with a 5 foot wide offload area. If it is a double space (remember, OP said there are 3 spots so this could be a double plus 1), the offloading area can be shared between 2 spaces.

    There are also signage and marking requirements. I'll let you post those.

    dang, if you are in law school, you really need to learn to be more accurate. What did you get on your LSAT?

  10. #10
    Join Date
    Nov 2008
    Posts
    15

    Default Re: Handicap Parking Violation - Car Running 1 Min to Pick Up Child

    *Shrug* Sorry for the inaccuracy. I'm tired and was looking stuff up on-the-fly. And, sorry for the insults. As soon as it lets me edit my posts, I'll retract them. Oh. And by 'fight the wording of the ticket' I meant that you could fight the statute you were cited with, etc. Not fight the actual wording. Again, sorry. Tired.

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