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I live in SC and recieved a $500 ticket for parking in a handicap

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I live in SC and recieved a $500 ticket for parking in a handicap parking spot. The sign was attached a frame built to store shoping carts. I backed into the parking place and never saw the sign, it was positioned where it could not be seen out my rear window especially when you are consertating on not hitting the shopping carts. I would never park in a handicap spot on purpose.

Do i have a defence to at least get the fine reduced
Submitted: 2 years ago.
Category: Legal
Expert:  Legalease replied 2 years ago.

Hello there

 

If the sign is not visible then that can be used as a defense for an appeal on the ticket. My suggestion is that you go back to the lot and take some regular digital pictures with the date and time stamp on them and actually take a short video of backing into the space and driving up to the space. Then, if you have to send in the first level of appeal in the mail with a written explanation you should do so and enclose some of the still pictures with the written appeal to demonstrate the sign location and lack of visibility and in the letter mention that you took a video of the space also. If you have an in person hearing you should bring the pictures and the video (on a camera large enough that the hearing officer can view it in his/her hands -- like an iPad or a laptop). Then you have to simply wait and see what happens -- it is completely up to the hearings reviewer (mail) or officer (in person) to make the decision -- and even if the sign is not visible the hearings officer can claim that he is able to see it in the photos). Just FYI, if the handicapped designation is painted on the ground on the space, the police officer will point that out at the hearing and you will most likely lose on that point alone. However, if there is nothing on the ground then I suggest you take pictures of the space also because that shows that the handicapped designation for the spot was not easy to see.

 

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Legalease, Lawyer
Category: Legal
Satisfied Customers: 14615
Experience: 15 years exp all aspects of general law
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