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

[H311RA151N]

This is such little kid shit.

[GHOST 2.2]

he Did Block The Spaces (both Of Them, Rather Than Just One!)...

Yea that was a total dick move. no offense to the op. but i hate when im trying to look for a parking space and people are just posted in the isles with no intentions of parking their car in a spot. it just makes it more inconvenient for others to pass through.

but Since He Was Still In The Vehicle, And Could Move It At Any Time...

it would be the same way if he was actually in the vehicle waiting in a handicapped parking space. he coulda simply moved anytime, but he's just posted there and people would think he's parked there. which would result in a ticket.

I Don't See The Issue.

The issue is that the car isn't supposed to be there waiting in an non designated parking spot. Simple as that. It just makes it more irritable the fact that his dad is/was blocking 2 empty handicapped spots.

[deevergote]

Would you really think, "Hey, I don't want to block these spots for ~5 minutes, let me drive around a few times until my passenger is done?"

If you were obviously blocking the flow of traffic, than it is obvious that you cycle around.

Spur of the moment, I believe anyone would have stopped SOMEWHERE in that parking lot before even thinking about driving around. I mean, obviously if you knew you would get ticketed for it, you would not be standing there and start driving around, but if you had no idea, standing would be the first choice IMO.

I do property inspections for a living. I drive around some pretty congested city streets, with the need to park my car to do a 45 second inspection. Do I block a driveway? No. Do I take a handicapped spot? No. Do I park along a yellow curb? No. Do I park in front of a fire hydrant? No. Do I double-park, like the other 3 assholes on the street? No. Do I drive around the block, around 3 blocks if necessary, until I find a spot? Yes. Does it turn my 45 second inspection into a 10 minute inspection? Yes... but I'd rather spend 10 minutes not being an asshole, than 45 seconds being an asshole.
It's not just a "what if" scenario. I had 36 inspections to do today, and most of them were in Paterson, NJ... very congested urban area... and I parked a couple blocks away about 6 times... and I walked, like a responsible, considerate human being.

Personally i would have stopped behind already taken spots, You know you're not blocking anyones path that way and you could easily see them get into the car while you wait.

I agree with that. A handicapped person pulling by could very well say "well, I can't get into those spots" because they don't realize the driver is 1) in the vehicle blocking the spots, and 2) ready to move if they need to park there. If you're blocking someone that's parked there, all you have to do is move when they go to unlock the door. By the time they turn the car on, you're gone.
It's STILL a pretty asshole move, but better.



I still don't believe the cop was right to give a ticket, but that doesn't mean blocking the spaces wasn't an asshole move. Just because your intentions are to be polite if necessary, people don't know that (the cop included.) They just see an asshole, and will react appropriately according to that assumption.

[GHOST 2.2]

people get mad because cops don't give em a break. for the most part the cop is actually doing his job.

while you have 2 people (the ones involved getting the ticket) pissed off, you prolly have more people saying "thank you mr cop! get that guy for blocking our way"

[deevergote]

Agreed. Though seeing as the guy was in the car, ready to move as necessary, the cop could have just as easily asked him to move. If he was alone, and left the car there running as he ran in to use the ATM himself, then I'd say otherwise.
Technically, he wasn't "parked", he was "standing". That difference alone could determine whether or not the ticket stands. If exiting the vehicle (which putting one foot on the ground could be considered "parking") is what changed it from "standing" to "parked", then the cop instigated that. That is entrapment.
If his fine is for "standing in front of handicapped spaces" then it applies. If it's for "parking", then the cop should have to define "parking" as it applies to this situation, and if it involves the man exiting the vehicle, then he'll be opening up a can of worms for himself.

I don't disagree that standing in front of the handicapped spaces was a dick move. I don't agree with the $250 fine, either. Nor do I agree with the way it was brought about. If the cop asked him to move and he refused, then I could think differently. As the situation was presented here, I feel the cop was out of line.

[Bongo]

Not that it matters....but in said situations when I'm the driver I either:
a. drop the person off and drive around the lot till they're done (was only in there for 5 minutes right?)
b. pull up to the door and stand in the vehicle like most people do while they do their business as long as it's not in the way of anything.
or c. drop them off and find a parking spot.

But I usually stay away from handicapped...they're there for a reason with blue painted lines, a giant painted wheelchair and signs all over.

It drives me insane when I have to navigate around a bunch of lazy ass people who can't simply park further away and walk to the door though. Makes finding a parking spot much more stressful. And it doesn't matter if you're going in the building for 45 seconds or 45 minutes...that's what parking spots are for!

[h22sparkle]

Maybe I would take pictures of the area if I were you and state if the parkinglot was very small there is a slight chance you can somehow get that dismissed. I would state the dimensions of the parkinglot ,and also be sure to mention how many cars where in the number of spaces that may have had the space before you and there was no place else to park.

Then explain to the judge that you were waiting for others to vacate their parking space so you could park since you couldnt park since you had to wait in the handicap space you had to remain clear for them to leave and the officer just gave you a ticket. That's what I would say and bring your pops or family relative in with you as a witness since you have one.

[remix405]

Deev exiting the vehicle is not required as long as someone blocks or obstructs the handicap spot they can be cited on public or private property

Agreed. Though seeing as the guy was in the car, ready to move as necessary, the cop could have just as easily asked him to move. If he was alone, and left the car there running as he ran in to use the ATM himself, then I'd say otherwise.
Technically, he wasn't "parked", he was "standing". That difference alone could determine whether or not the ticket stands. If exiting the vehicle (which putting one foot on the ground could be considered "parking") is what changed it from "standing" to "parked", then the cop instigated that. That is entrapment.
If his fine is for "standing in front of handicapped spaces" then it applies. If it's for "parking", then the cop should have to define "parking" as it applies to this situation, and if it involves the man exiting the vehicle, then he'll be opening up a can of worms for himself.

I don't disagree that standing in front of the handicapped spaces was a dick move. I don't agree with the $250 fine, either. Nor do I agree with the way it was brought about. If the cop asked him to move and he refused, then I could think differently. As the situation was presented here, I feel the cop was out of line.

[h22sparkle]

Honestly I really see the point from both side but the officer didn't even give a warning,he just went in and gave out a ticket. I personally after having tat happen I would make a civilian complaint against the officer. And here is the reason why no warning was given, he driver was not parked in the space at all he was just standing waiting for a pedestrian to get back into the car and no handicap passenger was available.

The officer did do his job to some degree but the way how he went about it was just uuhhh a little unforgiving. I could understand if the guy who waited for his passenger to come out though. Honestly I would after that get a driving cam proves whos in the right everytime.

[remix405]

H22sparkle the officer is not required to give a warning, its up to the officers discretion that is when spirit of the law and letter of the law comes in. As I have said before he doesn't need to park in the handicap spot as long as you block or obstruct that handicap spot you can be cited

Honestly I really see the point from both side but the officer didn't even give a warning,he just went in and gave out a ticket. I personally after having tat happen I would make a civilian complaint against the officer. And here is the reason why no warning was given, he driver was not parked in the space at all he was just standing waiting for a pedestrian to get back into the car and no handicap passenger was available.

The officer did do his job to some degree but the way how he went about it was just uuhhh a little unforgiving. I could understand if the guy who waited for his passenger to come out though. Honestly I would after that get a driving cam proves whos in the right everytime.

[sunburn]

H22sparkle the officer is not required to give a warning, its up to the officers discretion that is when spirit of the law and letter of the law comes in. As I have said before he doesn't need to park in the handicap spot as long as you block or obstruct that handicap spot you can be cited

That pretty much sums it up.

[deevergote]

Deev exiting the vehicle is not required as long as someone blocks or obstructs the handicap spot they can be cited on public or private property

That's why I asked for the specifics of the ticket, and the specifics of the law cited in the ticket. If it was for "parking", then "parking" needs to be defined. If "parking" is defined by the driver leaving the vehicle, and his father putting a foot outside the vehicle is defined as "leaving the vehicle", then it was an action directly caused by the cop's intervention. An action that he would not have performed otherwise. In that case, if the violation cited hinged on the father "exiting the vehicle", it would clearly be a case of entrapment.

If the ticket was for "obstruction of a handicapped parking space", then you are absolutely correct.


OP, what is the EXACT reason stated on the ticket?

[HondaB18]

WRONG.....

parkingpresent participle of park (Verb)




Verb:




1.Bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a parking lot or by the side of the road.
2.Deposit and leave in a convenient place until required: "park your bag by the door".

that was a good one. are you saying i'm wrong? cause your definition can apply to what i said

i suppose all the cars are in the parking lot with all the automatics thrown in park

If exiting the vehicle (which putting one foot on the ground could be considered "parking") is what changed it from "standing" to "parked", then the cop instigated that. That is entrapment.

in massachusetts traffic law the difference between standing and parking is the unloading and loading of merchandise. if the driver considers the passenger a merchandise well then... no comment. but standing applies to mostly zoned areas and they will be marked, for all else it is pretty much parked

http://www.cityofboston.gov/Images_D..._tcm3-1654.pdf

[h22sparkle]

H22sparkle the officer is not required to give a warning, its up to the officers discretion that is when spirit of the law and letter of the law comes in. As I have said before he doesn't need to park in the handicap spot as long as you block or obstruct that handicap spot you can be cited

Yes he can be cited but there are situations which can be acceptional to the rules. Yes that is indeed when it comes to law but in other instances you can find ways around it providing that you dont give up so easily because thats what they expect you to do is to give up. He wasnt parked in there and he was only blocking it momentarily.I bet you he can beat the ticket if he contests it and do exactly as I say.

That is let the judge know that he was picking up the passenger and the parkinglot was small and that there were no other spaces to fit through and as you blocked another car that that space was too small for his vehicle to get into because other cars parked crooked and you backed up then the police pulled up giving you a citation and never gave you a warning to move.

[GHOST 2.2]

if cops gave warnings all day then they wouldnt have jobs anymore LOL. he doesn't have to give him a warning. period. the cop does have to explain why he has to give a ticket which I'm sure he did.

Their job is to enforce the law. the op's dad was blocking parking spots KNOWINGLY(what makes it even worse, is that its handicapped spaces)... Got a ticket. end of story.

if i was the op's dad. of course id be pissed that i got a ticket. who wouldn't. I knew what I was doing and I got caught up.

At the end its up to the judge what to do with the ticket. however, the judge has heard all kinds of excuses because he too deals with this on a daily.