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Dwayne B.
Dwayne B., Attorney
Category: Traffic Law
Satisfied Customers: 32737
Experience:  Began practicing law in 1992
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A driver is cited for using an unauthorized handicap permit.

Customer Question

A driver is cited for using an unauthorized handicap permit. The driver was meeting up with a relative with a handicap at a mall. The driver was the designated driver for the person with the handicap. Since the person with the handicap was not present, the driver was cited. The driver had just pulled into the spot. The citing officer said there is a mandatory court appearance (can't just pay the fine) and to bring the placard with because the judge may revoke it. Is there any possible to avoid a court appearance and is there any way to give the placard back to the relative with the handicap (the officer says the driver needs to bring the placard to the court appearance).
Submitted: 6 months ago.
Category: Traffic Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

You can just give the placard back to the relative but it would be a better idea to have the relative come to the hearing with you, bring the placard, and then you can have the relative as a witness that he was there with you at the mall and thus the use wasn't prohibited. You would have to take the position that he may have been driving later that day but judges are pretty good about accepting these types of excuses so long as the placard is actually issued to someone that needs it and that they were there that day.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 6 months ago.
Thank you for your quick response. Please confirm with certainty ) that it is not possible to avoid a court appearance. The driver is a teacher and students will miss school that morning if that is the case. 2) the officer was clear that the placard should be brought to court. What will be the ramification if it is not brought with, since the officer said the judge has the right to revoke it. How will he revoke it if it is not brought with? (the ticket does not list the placard number).
Expert:  Dwayne B. replied 6 months ago.

It is possible. If you hire an attorney they will almost certainly get you a deal where you don't have to appear and it doesn't even go on your record. If you don't want to hire a lawyer then you can contact the prosecuting attorney and ask if you can reach a plea deal without appearing (although you will have to appear at some point).

The judge will just make the driver appear again at another time if he is set on revoking the placard.

Customer: replied 6 months ago.
I tried to rate you so you could get credit and the system would not let me. I repeatedly get this error message on two different computers: "Sorry, your rating was not processed. Please refresh the page and try rating again. If the issue persists, contact Customer Care at 1-***-***-****." I contacted customer service and they are actually having the same issue. Please use this message to get credit for your answer.
Expert:  Dwayne B. replied 6 months ago.

Sure, the rating is 1 to 5 stars, with 5 stars being the highest. What do you want to rate?

Customer: replied 6 months ago.
The driver cannot afford an attorney and likes the idea of a plea deal. How can the driver find out who the prosecuting attorney is to make a plea deal and why would an appearance still be required at some point? I would like to rate 5 stars.
Expert:  Dwayne B. replied 6 months ago.

The driver can call the court and ask the clerk how to contact the prosecuting attorney.

EVen if you reach a plea bargain you have to appear just to swear that you are agreeing to it. With an attorney they attorney can enter the agreement for you but without one it has to be the defendant.

Customer: replied 6 months ago.
How difficult is it to reach a plea bargain in a situation like this, pretty much admit guilt and pay fine, correct? Then the driver comes in at a later time to swear that it was agreed to?
Expert:  Dwayne B. replied 6 months ago.

Pretty easy. The time you come in and the flexibility depends on that specific judge. Some are tough and some are really easy to get along with.

Expert:  Dwayne B. replied 6 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Please don't forget to issue your Positive Rating!