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  1. #1
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    Jul 2009
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    Default Misuse of Disabled Parking Placard

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

    My sister received citation 4461(c) for misuse of Disabled Parking Placard because she used our mom's disabled parking placard and parked in the handicap space at a shopping mall when she ran a quick errand.

    This occured in Albany, near Berkeley CA. Does anyone happen to know what happens next? (this just happened and we haven't received anything in the mail yet)

    She feels bad and knows she was wrong so she doesn't plan to contest it. Will she just get an expensive ticket in the mail and simply pay it, or is she required to go to court even if she does not plan to contest it? If she does have to go to court, is this something you need to bring a lawer for or is that a waste of time since she doesn't plan to contest it?

    Also, does anyone know what the ramificatons are? I've read various things on the web saying that you can go to jail since this is a misdemeanor or that this will show up as not only on your driving record but also on a criminal record? We're not sure what this is. At the top of the Notice to Appear "Traffic" is checked (the other two options say "misdemeanor" and "nontraffic"). But in the details at the bottom, next to the citation number the "M" is circled as Misdemeanor rather than the "I" as infraction.

    Any help/advice anyone could provide would be greatly appreciated. She feels really bad that she made a stupid error like this and is just hoping to minimize the impact as much as possible.

    Thanks!

  2. #2
    Join Date
    Jan 2008
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    1,948

    Lightbulb Re: Misuse of Disabled Parking Placard


  3. #3
    Join Date
    Jul 2009
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    5

    Default Re: Misuse of Disabled Parking Placard

    Thanks for your suggestion. I just read the thread you suggested. It didn't happen to say if you must go to court or if you can just pay a fine by mail and avoid court at all. If anyone happens to know, please let me know. It didn't really discuss the "process" of what happens, but more a back and forth regarding the ramifications of how long something might appear on criminal records, etc.

  4. #4
    Join Date
    Mar 2009
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    Default Re: Misuse of Disabled Parking Placard

    Quote Quoting zduck
    View Post
    It didn't happen to say if you must go to court or if you can just pay a fine by mail and avoid court at all. If anyone happens to know, please let me know.
    She will have to appear in court for a Misdemeanor violation... She won't be able to just "pay it".

    And speaking of "paying it", this is one expensive citation... The base fine for a violation of CVC 4461(c) is $250 however, after adding the penalties and assessments, it adds up to $1000. Additionally and pursuant to CVC 4461.3, a city or county may adopt an ordinance or resolution to assess an additional penalty of one hundred dollars $100. Lastly, and pursuant to CVC 4461.5 in addition to, or instead of, any fine imposed for conviction of a violation of subdivision (c) or (d) of Section 4461, the court may impose a civil penalty of not more than one thousand five hundred dollars ($1,500) for each conviction.

    4461.3. In addition to any fine imposed for conviction of a violation of Section 4461 or 22507.8, a city or county may adopt an ordinance or resolution to assess an additional penalty of one hundred dollars ($100). All revenue generated from imposition of the penalty shall be used specifically for the purpose of improving enforcement of the provisions of this code relating to disabled parking spaces and placards within the city or county. Revenue generated from imposition of the penalty may not be used to supplant funds used for other general parking enforcement purposes, but may be used to offset the cost of establishing a new disabled parking enforcement program.

    4461.5. In addition to, or instead of, any fine imposed for conviction of a violation of subdivision (c) or (d) of Section 4461, the court may impose a civil penalty of not more than one thousand five hundred dollars ($1,500) for each conviction.

    Whether any or all of those will apply for such a violation in Albany, California (Alameda County)... Only the court clerk can tell you and the Courtesy Notice which she might receive will confirm or refute that.

    Finally, whether she will be booked and processed or not, I couldn't tell you. As Carl has suggested in the other thread, there's a pretty good chance that this might be handled as an infraction instead of a misdemeanor. Local Court rules will determine that part.

  5. #5
    Join Date
    Jul 2009
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    5

    Default Re: Misuse of Disabled Parking Placard

    Thanks so much for the information and feedback. I guess she'll just have to wait for the notice in the mail and see how it will be handled.

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