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

Asked almost 2 years ago - 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/a...

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."

Additional information

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)

  1. Robert Jonathan Lee

    Contributor Level 8

    2

    Lawyers agree

    Answered . 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.

  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . 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
  3. Bryce Aric Fetter

    Contributor Level 15

    Answered . 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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