Legal Question in Criminal Law in California

Was your grandmother going to have to make it back to the car on her own later? That might be a winning argument. Otherwise I don't think your chances are very good.

Handicapped placards give their owners access to better parking spaces because they are less mobile than other drivers. But when the holder is a passenger the driver can drop her off before parking and then pick her up afterwards, which seems to be what you did. Your grandmother's limited mobility was no longer a factor once you had dropped her off.

Since you were alone in the car when you parked it in the handicapped spot, you were not entitled to park there. If you could have parked on the other side of the lot without making your grandmother walk the extra distance, then the benefit of the placard went to you rather than to her. But if you can persuade the judge that your grandmother would have benefited from the better parking space when she returned to the car you might win.

I disagree with Mr. Hoffman. I think you have a complete defense. If, at the time of citation or arrest, you were transporting a disabled person, you are not guilty of violating Vehicle Code section 4461.

For Example: You are driving your elderly mother, who has been issued a disability placard, to the store. You drop her off in front of the shop and then go park in a nearby parking spot designated for disabled persons. Even though you are alone when you park, you are in the process of actively transporting your mother and are therefore exempt from prosecution under this law.

The fact that the passenger is the one handicapped is irrelevant. The person must still transit a long way to the parking lot, and the law is not as restrictive as Mr. Hoffman claims.

Mr. Roach's answer prompted me to look at Vehicle Code section 4461. It is not clear to me whether his interpretation of the statute is correct, and there seem to be no court cases which explore the question. I'm happy to say that this is good news for you

That the statute can be read either way should be more than enough for you to win your case. When there is a reasonable interpretation of a statute that allows the defendant's conduct, the defendant is entitled to an acquittal.

So I stand corrected. I agree with Mr. Roach that you have a complete defense.