Should I fight this ticket for parking in a handicap space?

Question

I parked in a space that was designated as handicap but the place of business was closed. I parked there at 1030 at night and the store was not going to open until noon the next day. I was going to a night club and of course my car was gone by 0200 that morning. I would have never parked there if the store was opened. I think this is a sorry way for the city of dallas to make money. Should I fight paying this ticket?

Answer 1

You can. But in Texas parking in a signed space and/or designated as handicap or painted 24/7/365 is a state fine. $350 1st offense. 2nd $750 .3rd $1,000. The judge will tell you that it doesn't matter if the place was closed or open. Just hope that the officer doesn't show up and it will be dismissed.

Answer 2

Are you handicapped if not then no. They may be making money but you parked in a handicapped spot and you're not. Pay your ticket get on with your life. It's likely someone reported you, pay the ticket. In the future read the fine print. If it reads handicapped parking unless the store is closed then fight it. If it reads handicapped parked parking unless the city of Dallas is making money on stupid rules (not a legal defense) then fight the ticket. I suggest you just pay it, win some lose some. I hope the parking spot was worth the fine. If you explain to the judge that it was harmless because no handicap people are out after 10:30pm they can't dance. I'm sure he'll understand hard to refute that logic pay the ticket.

Answer 3

You stated that there was a sign indicating it was a handicapped space. It was marked, even if it was a very high sign, so you may not have a chance. Me personally, a sign that tall for a parking space is only going to be seen by someone if they are in a very large truck, like a semi! I would go back, document the height of the sign with pictures and take my chances in court. What's the worst thing that can happen? They'll say you should have noticed, the best thing - it gets thrown out and you maybe take a second glance at a sign before parking. Send in your ticket and mark it as not guilty right away - this will just give you a date to speak with the DA about it later. They'll send you a letter telling you when the date is going to be. Next, when the date comes along, plead your case to him, be nice and let him know your situation with your daughter and how you would never really do something like that. Finally, bring into account the height of the sign and the fact that the space itself was not marked. Make sure you do have pictures since he/she may ask if you have proof of this. You want to be able to support your statements at all times. Good luck - I hope you can beat this!

Answer 4

Guess what, that handicapped parking space is there for a handicapped person. When you take your drivers license you agree to abide by the rules that the state of Texas has set forth when driving. The law designates these spots for people with special needs, the time of day does not matter nor does business hours of the store. Dont blame the city because you wanted to park closer to the club.....Pay the fine. If you think I am being harsh then take the ticket to a judge and hear it again.

Answer 5

With a parking ticket you have the right to plead not guilty. There are circumstances in any situation where you may be able to fight the summons. I'd say if the stores were closed and you had plenty of time to move your car before the store did open, then you should fight it. The spirit of the law is for people not to park there so handicapped people can have the spot that is closer. You weren't denying anyone the right to that spot because the place of business was closed. I would fight it.

Answer 6

Well I would and I would not. It all depends upon the amount of the ticket. If you were parking there over night. I know that some places like malls do not allow you to park overnight, and will write a ticket, if it is more than two days they will tow it. On the other hand if the place of business allow parking overnight, then the handicapped area should not be ticketed. I would research first go to the store and ask if it is ok to park there overnight, if so I would contest the ticket

Answer 7

Don't waist your time trying to fight it. I am majoring in a Criminal Justice field and have friends who are handicap. This is one case you will not win. Even though you are right about the sorry *** way the city tries to make money, especially if that parking spot is most likely not to be used around that time by a handicap person. Handicap issues are very major to the states. Don't waist your time. And don't give the judge any reason to think your stupid since we all know not to park there if your not handicap.

Answer 8

Unless you have a valid handicap decal, at no time will you be allowed to stop, stand, park or obstruct a handicap parking space or the access lane of the parking space. If you think you have a leg to stand on with this in mind, go ahead and take it to court. The only probable way that you would be able to beat the ticket is if the officer fails to show up or if the judge is empathetic to your case. I doubt that the latter would ever take place.

Answer 9

Nope if you do not have a handicap sticker you do not park in the designated spot.What if a handicap person was going to the same club you were. Sorry but I can't side with you on this. There is a sign posted that says that you cannot park without a handicap sticker and usually posts the fine amount to warn you. It can be anywhere from$100-$300 dollars.

Answer 10

if the placed was closed and there was parking nearby, then why didn't you park in the free, non-handicapped spot? it seems an awful price to pay for being lazy. even if the parking lot was full, then there would be a further need to leave the spot open. Either way, you're only going to waste time and money arguing the ticket in court. You might even succeed in angering the judge enough that he could throw you in jail. just pay the ticket and learn from this.
Don't park in the crosshatched areas either.