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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 102506
Experience:  Private practice
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It was raining so hard where you can not even see outside of

Customer Question

it was raining so hard where you can not even see outside of your vehicle, We were in a rush to get in the post office to mail out a very important letter that need to be stamped for today's date. There were no other parking spots available and I am 9 month pregnant so I pulled up to the handycap spot to drop off my son. 30 secs later he called me that he does not know how to use the self service machine. So I get out of my car ( did not turn off my car of leave it unattended, my other son was in the car too ) wanting to help my son in the post office. A guy came up and starting taking pic of my registration sticker and give me a ticket. This was so uncalled for. I want to know be in Texas, can i fight this ticket
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Sorry, but likely not. The fact that you were 9 months pregnant does not matter. The fact that it was raining also does not matter. Even if you did not turn off your engine - this also does not matter. The fact is, handicap parking is only for handicap individuals per Texas law, with no exceptions. Pregnant or weather or otherwise. And even if you did not turn off your engine, you still parked, which is what counted.

Now, if you challenge the ticket, the Judge may feel bad for you and may dismiss it or give you a lesser fine given the mitigating factors. But there is nothing in the fact pattern provided that you can likely use as a defense. I am sorry.

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Customer: replied 5 months ago.
my only chance is to show up in court and see if the judge would just dismiss the case? but there was not a court date on the citation
Expert:  Ely replied 5 months ago.

Well kind of. Someone in your situation wants to plead not guilty, and then hope the Court (or the prosecutor) will agree to dismiss or lessen the ticket. This may require more than one trip to the Courthouse because typically on first setting, you simply plead not guilty and it is reset for trial a few weeks down the line.

If there is no court date on the citation, call the court clerk to find out when is the date by which the plea must be entered and/or the hearing date is. Some Courts will take a plea without having to show up; some will require you to show up.

Gentle Reminder: Please, use SEND button to keep chatting, or PLEASE SELECT THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!