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Handicap Parking Ticket in Florida. Should I fight it and risk paying $500 or just pay the $250 fine?

Altamonte Springs, FL |

Here is an album:: http://imgur.com/a/RDTpe
Here is the link to Florida's 2012 building code regulations: http://www.floridabuilding.org/fbc/committees/accessibility/aac/Changes_to_Law/2012_Florida_Accessibility_Code_Final%20.pdf

The section about parking requirements is 502. 502.6.1 states that spaces must be "prominently outlined in blue paint." 502.3 states that "Parking access aisles must be part of an accessible route to the building," which is clearly not the case. 502.3.2 states that the "access aisles shall extend the full length of the parking spaces they serve," which clearly is not the case here because there ISN'T an access aisle that runs any length of the spot in question. 502.3.4 states that "access aisles shall not overlap the vehicular way."

Thoughts? Also, should I request a hearing officer or county court judge? I'm thinking judge because they would be more apt to follow the building code regulation and law.

Attorney Answers 3

Posted

It appears in your pictures as though the space is prominently outlined in blue (indicating you knew or should have known you were in a handicapped space) and while you may have an argument that the building is not "up to code" this has little to do with your success in determining whether or not you were illegally parked.

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2 lawyers agree

3 comments

Asker

Posted

The parking space next to the left of my car has the blue line, as well; shouldn't the officer ticketed both me and the truck owner? Also, what is the definition of "outline?" A typical handicap spot has the blue lines inside the parking spot's white line markers.

Asker

Posted

Also, how can I be illegally parked in a handicap spot if the spot itself doesn't meet Handicap Parking regulations?

Robert Jonathan Lee

Robert Jonathan Lee

Posted

As for the truck: It does not appear from your photo that there is a sign indicating that the spot is handicapped (see the other requirements of the statute concerning the spot). Unfortunately for you, your spot is plainly marked. As it pertains to the outline: I think you're focusing too much on the text and too little on the group to whom it was intended to benefit: the handicapped. Very few judges will entertain an argument based upon the definition of 'outline.' As unfortunate as that may seem.

Posted

Fight it, would be my choice. Request a hearing and take the chance of it being totally dismissed. Take pictures with you to the hearing. It doesn't matter if it is a judge or a hearing officer. If the officer does not show up the case can be dismissed, if he does show up you can argue that the space was not in compliance with what is required for a legal handicap parking spot. Doesn't there have to be that wheelchair handicapped marking on the ground also?

R. Jason de Groot, Esq., 386-337-8239

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1 comment

Asker

Posted

I believe the wheelchair stamp is optional, as I could not find mention of it in section 502. Either way, these spots are vastly different than any I've ever seen at, say, a mall or grocery store.

Posted

I would fight it. You have some good issues and fighting it is the only way get get the ticket dismissed. Sometimes you win the hearing, sometimes the officer does not show and sometimes the officer agrees with withdraw the ticket. You have no chance of beating the ticket if you pay it and admit guilt.

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6 comments

Asker

Posted

Thank you for your insight. Do you think I would be better off requesting a hearing officer or county court judge?

Bryce Aric Fetter

Bryce Aric Fetter

Posted

It depends on the judge. There are five in Seminole County and the clerk assigns your case to a judge based on the last two digits of the ticket. Call 407-665-4450 tomorrow and give them your ticket number and they will tell you what judge this would be assigned to. Some are more understanding than others in a traffic infraction hearing.

Asker

Posted

Do you recall the judge names off the top of your head that you suspect would be more understanding?

Bryce Aric Fetter

Bryce Aric Fetter

Posted

Yes, I know all five judges well but this is not the proper forum for such commentary.

Asker

Posted

What is your suggestion for a proper forum? Email?

Bryce Aric Fetter

Bryce Aric Fetter

Posted

Yes, but my suggestion is that you call the clerk's office first to find out who your actual judge will be.

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