Father got a $250 violation for vehicle standing in front of handicap spaces (pic)

[eriemoto.]

My father was at the bank a few days ago during peak hours, therefore there was no immediate parking spot available (besides 2 open handicapped spaces).

He did NOT park in either handicap space, but rather in front and perpendicular (see pic) to those spots as to not block any of the other parked vehicles.

He was there for a few minutes, still in the vehicle while my sister went in to the bank to use the ATM.

A police officer that was overseeing a nearby construction site walked over and gave my father a hard time as to why he was parked "in a handicap spot". He then proceeded to ask him to "step out of the vehicle". My father opened his door and put one foot out on to the ground, but did not fully leave the vehicle. He then shut the door and was issued the $250 ticket for "Handicapped parking".



So far all the people that I have asked that are somewhat knowledgeable with the law have told me that as long as he was still in the vehicle, the most that should have happened was being told to move/leave.

Would this have a good chance of being appealed in court?

[deevergote]

He DID block the spaces (both of them, rather than just one!)... but since he was still in the vehicle, and could move it at any time... I don't see the issue. It sounds like the offense hinges on him "leaving the vehicle", which he wouldn't have done had the officer not instructed him to. If so, that is clearly entrapment, and that officer could get in serious trouble for doing it. I wouldn't doubt that the bank has cameras that could be used to back up the claim. If your dad wants to fight it, I suggest he get a lawyer, and have the lawyer obtain a copy of that camera footage if it exists.

[xkjnboix]

sounds like a rookie cop trying to just be a plain ole dick. i think the ticket wouldnt have a snowballs chance in hell to hold up in court and im sure an honest judge would throw it out quick. i would call out the officer on entrapment and see how high and mighty he feels after that.

[h22sparkle]

I would contest it at no time were you asked to move or warned about it nor did he leave the vehicle. I would have started filming on my camcorder right then and there.

[deevergote]

Look into the details of the offense. If being out of the car is key to being hit with the charge, then it sounds like the cop is definitely guilty of entrapment. Your father would not likely have left the vehicle without the officer's instruction to do so.

He DID block two handicap spaces, which is a total dick move, honestly. Standing in one would be better than sitting sideways in front of both! But the fact that he remained in the vehicle, and I assume would move the instant he saw anyone pull in and head for a handicap spot, I don't see it as being THAT bad.
However, all you need is a judge with a family member in a wheelchair, and the charge could stand.
Aim for the weak spot. If your dad is going to fight it, be sure the charge hinges on being out of the vehicle, and have him aim at the cop telling him to exit the vehicle.
Also, be sure he is aware that such a defense could result in that cop being suspended, or even losing his job. Entrapment is a pretty big deal.

[deevergote]

I would contest it at no time were you asked to move or warned about it nor did he leave the vehicle. I would have started filming on my camcorder right then and there.

That's true as well. I would assume that the officer should have asked him to move FIRST... then again, it would depend on the wording of the law.

[h22sparkle]

That's true as well. I would assume that the officer should have asked him to move FIRST... then again, it would depend on the wording of the law.

I can understand where the officer is coming from to a certain degree but not enough to get a ticket. At one point I saw a couple with a van that blocked the ATM drive-thru I was pissed like man you cant be serious.

[eriemoto.]

He DID block the spaces (both of them, rather than just one!)... but since he was still in the vehicle, and could move it at any time... I don't see the issue. It sounds like the offense hinges on him "leaving the vehicle", which he wouldn't have done had the officer not instructed him to. If so, that is clearly entrapment, and that officer could get in serious trouble for doing it. I wouldn't doubt that the bank has cameras that could be used to back up the claim. If your dad wants to fight it, I suggest he get a lawyer, and have the lawyer obtain a copy of that camera footage if it exists.

He never actually left the vehicle. He opened the door, put one foot on the ground, then shut the door.

He is most likely requesting a hearing to appeal.

[Tippey764]

Honestly if there aren't points involved i would just pay the fine. Whats the point in paying a lawyer hundreds of dollars when you could just pay $250 and be done with it? yeah you might be right but at the end of the day what saves you the most money and causes the least grief?

[wed3k]

Honestly if there aren't points involved i would just pay the fine. Whats the point in paying a lawyer hundreds of dollars when you could just pay $250 and be done with it? yeah you might be right but at the end of the day what saves you the most money and causes the least grief?

it's about setting an example, like how the court sets example of people...

stand your ground, i fought a 40 dollar parking ticket at my school and won because i knew the right people.

[HondaB18]

He never actually left the vehicle. He opened the door, put one foot on the ground, then shut the door.

He is most likely requesting a hearing to appeal.

you don't have to be parked at a marked spot to be parked... know what i'm sayin?

i can park on a highway if i really wanted to while not leaving my car

2 dicks don't make a right

[eriemoto.]

you don't have to be parked at a marked spot to be parked... know what i'm sayin?

i can park on a highway if i really wanted to while not leaving my car

2 dicks don't make a right

I understand, and we are both very aware that he did indeed block the spaces. He was, however, in a very easy position to simply move the vehicle had a person who actually needed the spot came along.

What would you have done differently in this case? It was only a ~5 minute wait in order for your passenger to use the ATM.

[h22sparkle]

It's a toss though he may actually get it dismissed depending on how the judge is some are cool others are a toss.

[Tippey764]

it's about setting an example, like how the court sets example of people...

stand your ground, i fought a 40 dollar parking ticket at my school and won because i knew the right people.

It is and i understand that but at the same time its a hassle and a heavy expense.

[Soufkackicustom]

If the bank is private property and they didnt give the police jursidiction to the property, and a fee for unauthorized parking under the sign, you can park in it and the police can not write you a ticket for it. The handicap spaces are there just to pass building code. Might just be where I live, but at my shop you can't get a ticket for parking in the handicap spot, we had to have it to pass building code