Legal Question in Traffic Law in Florida
Illegal Handicapped parking
Hello, my brother almost went to jail
for parking in a handicapped spot
illegally. He is not handicapped , he
is actually healthy, and was using his
friends handicapped decal. He was
late to class and he had to park in
handicap so he can avoid another
absence. Unfortunatley the cops
caught him. The cops were going to
take him to jail but he talked his way
out of it. He is now going to court.
What should he do when he gets to
court? He has never gone before
and I want to help him so he can get
the least punishment, hes a great
kid and didnt mean any harm. What
should he plea? I want him to get
through this with the least
punishment. What is the Worst this
that can happen? What is the best
situation that can happen? Please
help. He doesnt know what to do.
Thank You
2 Answers from Attorneys
Re: Illegal Handicapped parking
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your brother broke the law and was caught. There is not much of a defense that can be made. The penalties vary from jurisdiction to jurisdiction (county to county) and can be substantial but it will only be a fine. He needs to face his wrongdoing and be sincere with the court and hope for the best.
Scott R. Jay, Esq.
Re: Illegal Handicapped parking
Hello:
I just read your question and one response. I would add...I forget whether this is a civil infraction or misdemeanor...I believe it is civil (like a moving violation). You can look on his citation towards the bottom and see if the officer wrote a statute # and look up that statute in Florida Statutes.
If it is civil, You want to ask the court if he pleads no contest, will the court give him a withhold of adjudication of guilt. This means no points will be assessed. The court will still order court costs. One factor in whether or not the court will give a withhold, is whether he has a lot of prior tickets or prior withholds.
If this is a misdemeanor (criminal case), he will need to appear before the Court. As the other atty. suggests, he should probably plead no contest (as there isn't much of a defense). He should ask for a withhold of adjudication of guilt, this means it would not be a conviction. The Judge will still impose court costs. Again, a primary factor in getting this dispostion is if he had prior misdemeanors.
'Hope this helps. If you need counsel in North Fla., please give my office a call. Tom Rosenblum
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