In many cities in California, parking places are premium. As a result, disability parking placards are extremely important resources (see related: Unlawful Use Of Identification Cards) for individuals who have some type of physical limitation. With that noted, there are many instances in which individuals in the state misuse disability parking placards in contravention of California law.
Definition of Unlawful Use of a Disability Parking Placard
In California, a person can face prosecution for the unlawful use of a disability placard in a number of different situations. First, a person can be prosecuted for this crime by lending a valid disability placard to an individual who is not authorized to utilize such a placard.
Even if a person does not directly lend a placard, he or she can be prosecuted if he or she knowingly permits another person not entitled to utilize a disability placard to use one. A person can face prosecution if he or she uses a disability parking placard that issued to another individual. A person can also be prosecuted for using a cancelled or revoked placard.
Finally, driving someone else’s car that does have valid disability placard can result if prosecution if a reserved handicap parking spot in inappropriately used. The placard is properly on the vehicle, but the driver is not the party to whom the placard applies. If convicted, penalties can include significant fines.
Examples of Unlawful Use of a Disability Parking Placard
A woman has been asked by her mother to run errands, using the mother’s car. The vehicle comes with a disability parking placard for the mother. The mother doesn’t accompany her daughter on the errand running trip.
The daughter arrives at a store to pick up something her mother needs. There is no readily available parking. Thus, the daughter uses a handicapped space. Parking in this manner would constitute misuse of a placard in violation of California law.
In another scenario, a man takes his father to a medical appointment. His father’s car has a disability parking placard. The son drops the father off at the front of the doctor’s office and then parks the car in a handicapped space. Despite the fact that he has dropped his father off at the door to the clinic, the son has parked legally in a handicapped space and is using the placard appropriately.
Defenses to Unlawful Use of a Disability Parking Placard
There are some defenses that can be raised to a charge of illegally using a disability parking placard. One possible defense is the person charged with the crime actually was transporting a disabled individual at the time the placard was utilized.
Another possible defense involves a situation in which another individual utilizes a person’s disability parking placard. If the legal holder of the placard demonstrates that a person used it without his or her knowledge, that would likely be a successful defense. The law requires a person charged with the crime in this manner to have actual k
