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LawTalk
LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I received a parking citation for parking in a handicapped

Customer Question

I received a parking citation for parking in a handicapped spot at a college. The campus has very limited parking due to construction. It was a very cold night and my diagnosed rheumatoid arthritis was flaring. After having looked for a parking place for 15 min, I desperately parked in the handicapped spot. I should have applied for a tag, but have not done so yet. How can I fight this citation of $507 dollars. I know I am at fault, but I do not have the money to pay this fine and yes I desperately needed to park...there were about 10 slots of these open.
Submitted: 4 years ago.
Category: Legal
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your dilemma.

While I strive to give you an accurate and applicable answer to your question, and if I can possibly suggest an avenue by which you might have a successful legal outcome I will, please understand that I don’t have the ability to provide you with favorable law if it doesn't exist. As you read my answer to your question, I ask you to please not shoot the messenger.


You simply do not have a legal excuse. The law is black and white. If you do not possess the legal right to park in a handicap parking space----which admittedly yo do not yet----then you violate the law by doing so. Rare exceptions would be the defense of "necessity"----for example, if your car was on fire and you had to escape to save your life, then your leaving the burning vehicle in a handicap spot would not be unlawful.

I'm afraid that neither the coolness of the evening, nor the lack of available non-handicap parking is legal justification, and you will be stuck paying the fine for your violation.

I wish you the best this holiday season.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me.

It has been my pleasure to assist you, and it would be greatly appreciated if you would
click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance. Best regards,


Doug



Edited by LawTalk on 12/1/2010 at 12:30 PM EST

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LawTalk
LawTalk
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I am a practicing attorney with more than 30 years of experience in the legal field.