Legal Question in Criminal Law in California
I got a citation today for 4461 illegal use of handicap. I let my sister out about 200 ft way and processed to the parking lot where i parked in the handicap spot since she was going make her way to the car afterwards. The dmv personal who cited me asked me if the tag was mine and i answered no he cited me after i explained that my sister had one. He got angry when i asked to see his badge since he had not showed it to me, my car was open and he went around me and took the tag. Later via phone he found out the tag in use was actually my grandmothers. Since i drive my grandmother her tag stays in my car but my sister is issued one as well at the time i was unaware which tag was hanged until he said. As i understood the handicap can be displayed by me if i am transporting a disabled person, isn't that what i was doing since my sister was going to have to walk back to the car. Further more when i said the dmv personal if i could walk and get her so she could show her identification of handicap, they did not allow me to do this , oh yeah there was like three men doing this
My question is what happens now? i just got it today so i don't know when is court
any advice?
2 Answers from Attorneys
You'll get to tell your story in court, and present any witnesses supporting it. The ticket provides the court date and other information. If it doesn't, contact the agency that issued it to get that info, or contact the court or DA office in a week or so, after they get the paperwork. ignore this at your peril.
I agree with Mr. Nelson. The penalties are high so I would definitely fight this one and it can be won. I would suggest that you take your sister and your grandmother to the hearing as well as both of their disabled tags.
Good luck.
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