Today my boyfriend got a ticket for parking in a handicap space because his placard had expired. He does legitimately need it as he had very serious back surgery last year and his back does still give him bad pain sometimes. Anyway this morning his back was really hurting and he made the misake of using his expired placard to park at school and got a ticket.
So now I got really scared because I looked on the DMV california website and it says that placard "abuse" is a misdemeanor and you can get a fine of $1000 and up to 6 months in county jail!
But looking on here it seems most people say a handicap ticket is only about $250 and no jail time.
I know its different since he does have a placard compared to someone not having one at all and parking in a space.
Does anyone know how this works?The fine I'm not worried about- we can figure out how to pay it. I'm just really scared about the jail thing. Anyone have experience with something like this?
Thank you.
2007-09-12 07:25:30 · 10 answers · asked by aly 5 in Politics & Government ➔ Law Enforcement & Police
If he gets his placard updated, showing that he was eligible for a handicapped parking space at the time, you might be able to get off completely. Sort of like a fix it ticket.
2007-09-12 07:33:40 · answer #1 · answered by thegubmint 7 · 0⤊ 0⤋
Yes because it is their property. You are breaking the law by parking in a handicapped spot with out a usable placard. Expired placards can't be used legally just like an expired license can't be used. You need to get a new one to see if you still qualify. Just because a handicapped person wasn't using the spot doesn't mean you are now allowed to use it.
2016-03-18 04:41:53 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Calm down. No judge is going to throw him in jail over this.
However, have him get a valid placard before he appears in court. That will show that it was just a slight error in judgment and that he was sincere in rectifying the mistake.
But some sort of fine will still be imposed, though probably not the full amount.
Oh, and your thinking there's inconsistency with a single law is mistaken -- you actually read/heard about two separate infractions. The $250 fine is for someone who just parks in a handicapped space with no placard. The placard "abuse" information refers to someone in good health merely borrowing someone's placard because they want to be lazy.
So I recommend getting a valid placard, then taking steps to appear in court rather than just pay the fine. Your boyfriend can then explain what happened, sincerely apologize for the pain having addled his judgment, and present proof that he took steps to remedy the situation by getting a valid placard. If he's sincere and succinct, the judge will likely be lenient.
Courtroom proceedings like this are never as dramatic or convoluted as television crime dramas paint them. :-)
2007-09-12 07:42:32 · answer #3 · answered by The Snappy Miss Pippi Von Trapp 7 · 1⤊ 0⤋
if he can get it renewed the judge may just drop all charges. How long ago did it expire? days or months, the judge will consider all this. those are the maximum fines they won't give those to someone who's legal card was just old they give it to people who parked in the space with stole cards or shown some illegal activity, the normal fee her in Ohio is 500 dollars jail time if not paid. I got a 130 dollar ticket for speeding tickets are costly, you know just haveing expired tags is another 150. you need to go to court contest the ticket explain what happened if you can renew your card then I'm betting the judge will drop the issue.
But he should not have parked in that spot as the cop may have looked only because he was taking the spot away from someone in a chair or worse so you may still have to pay.
2007-09-12 07:38:43 · answer #4 · answered by teenytiny 3 · 1⤊ 0⤋
This is just my opinion, but I would say your boyfriend won't face jail time. I think the jail time is there to scare people, but its more for people who are blantently abusing the system, meaning, someone that is perfectly healthy parking in a handicap spot. Since your bf did have an expired permit, he will probably just get a ticket and maybe the fine. What I suggest, have your boyfriend see if he can't get a renewed permit, that way he could claim it was an oversight on his part, and maybe walk away with a slap on the wrist.
2007-09-12 07:32:29 · answer #5 · answered by George P 6 · 1⤊ 0⤋
He should just be able to explain to the DMV about the mistake of not having his handicap permit renewed. The reason they are so strict about this is there is so much fraud with these permits. I have seen many times that my elderly parents have tried to find a handicap parking place and can't. They've had a stroke and one is in a wheelchair and the other uses a walker. The people I see parking in these places walk just like everybody else. I think that is why they are so firm about those parking places.
2007-09-12 07:32:20 · answer #6 · answered by Anonymous · 1⤊ 1⤋
What is the ticket for?
Did they just cite him for parking illegally in a handicap zone? Probably and if yes, that is all she wrote, pay the fine and off you go.
Unless you were served papers stating that he is being charged with "placard abuse" I really doubt they will pursue it. I would assume that they have the law for the people that get caught doing it over and over and over.
2007-09-12 07:30:55 · answer #7 · answered by Gem 7 · 1⤊ 0⤋
I'd be willing to bet that he can get the placard re-issued and the ticket dismissed.
2007-09-12 08:12:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I really doubt that he will go to jail, or that the fine will be that high. It depends on when his place card expired.
When they refer to abuse they mostly mean using the place card when the person who the place card is for is not with you. Like I have one for my son and if I were to use it and my son is not with me that is abuse.
2007-09-12 07:33:21 · answer #9 · answered by Terri C 2 · 0⤊ 0⤋
The misdemeanor they are talking about is using the card fradulently, such as lying on an application or using someone elses card.
I seriously doubt you will get anything but a fine.
2007-09-12 07:30:15 · answer #10 · answered by trooper3316 7 · 3⤊ 0⤋