handicap parking ticket?

Question

ok so here's my story...my husband and i went to blockbuster to drop off some video and when we pulling into the parking lot there wasn't any parking space left so my husband got out of the car while i pulled to the side and right when he got out i pulled into the handicap parking space to do a 3 point turn so that when my husband got back - the passager door will be on his side. anyways when i was doing a 3 point turn, right when i pulled into the handicap zone waiting for a car behind me to pass by before i pulled out, the ticket guy pulled up and gave me a ticket for $345. I told him that i wasn't park there and that i was going to make a 3 point turn and my car was not a park or i didn't leave my car sitting there. the ticket guy told me that it does not matter if my car was on park or not that california has a strict rule about a car being on a handicap parking area if i don't have a handicap parking sign on my car. so i'm planning on fighting this ticket and wonder if i can win

Answer 1

im not familiar with california law but i think you would win. to my knoledge a "parked" car is a unattended car,yours was not.

Answer 2

A car does not have to be "unattended" to be parked. Imagine this scenario. If you parked the car in the spot, while you husband jumped out to return the video, do you think you would be exempt from recieving a citiation, just because YOU never left the car? What would prevent people from spending a half hour or so, buying groceries or such, while the driver took a nap in the car?

I realize this was NOT your situation, and, I agree that the ticket was a rather extreme reaction to your situation, however, fighting the ticket may not result in what you want. It may be worth it, since the fines are pretty high.

Remember, if you take it to court, you have to plead "guilty" before the preliminary judge will even listen to the explanation. This may be the best place to make the explanation of your situation. If the judge agrees with you, he may dismiss the citation. If he does not, you will still have to pay the ticket.

If you plead "not guilty," you will have a chance for trial where you will have a chance to prove your innocence. But, if you were, technically, guilty, you will have to pay the fine, PLUS court costs and, the cost of your attorney. ( I would NEVER consider going to trial without an attorney, anymore than I would go into surgury without a qualified doctor)

Answer 3

Sory, but the time you waited for the car to pass, you were, by definition, standing in the spot, meaning it was not available for a handicapped driver. What if the car you were waiting for was driven by a handicapped person who ended up driving away because you had the spot blocked? People are far too cavalier with handicap spots. After a car accident, I was legally handicapped for months, I had to be driven everywhere and needed those spots. They weren't always available.

Answer 4

good luck with that. i would make the attempt to fight it. ask for proof that there is a sign saying it can't be used for a turn. bring a dmv book outlining the laws of handicap stalls and point out where it does not say anything about turns. ask him to prove you were parked there since it is a no parking zone that should be all you get cited for. but even sitting in a running car waiting is illegal so it may be tough to prove you were not doing that.

Answer 5

I WOULD SAY NO........................

I AM NOT FROM CALIFORNIA BUT WHERE I LIVE IF YOU PULL YOUR VEHICLE INTO A HANDICAP SPOT AND YOU ARE IN IT JUST WAITING OR WAITING FOR TRAFFIC TO PASS LIKE IN YOUR CASE, THEY HAVE WHAT IS CALLED A "ZERO" POLICY DOWN HERE AND YOU WILL BE TICKETED FOR IT PLUS IF YOU FIGHT IT FROM WHAT I HAVE HEARD DOWN HERE THE JUDGE WILL MAKE YOUR LIFE MUCH HARDER.

GOOD LUCK

Answer 6

fight it even if you are wrong they my drop it if you tell them that story