Legal Question in Criminal Law in Michigan

handicap parking

recently i was given a ticket for parking in a handicap parking spot at my apartment building - although no handicap people live there. there was no other spots available at the building and no where else to park than illegally on the street. the parking spot is designated handicap only by blue painted lines (no sign). my question is, can i get out of this ticket? Does it matter that there is a parking shortage, and that there is no handicap residents to the apartment? does the officer have to show up if i decide to fight the ticket?


Asked on 3/27/98, 1:54 pm

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Handicap Parking

If you have requested a formal hearing and the officer does not appear you may request a dismissal. Depending on the Court it may be dismissed or simply adjourned to another date.

The lack of available parking would not be a valid defense. It doesn't matter that no handicapped person resides at the property. The space is marked restricted and thus must be complied with. The space can be used by a handicapped visitor.

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Answered on 4/17/98, 9:02 pm


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