Allowing Someone Else Use Your Disability Placard

It is illegal to lend or allow another individual to use your disabled parking placard, according to California Vehicle Code 4461(b). Even if someone else is doing your errands and you expect him or her to use your disability placard to find a parking spot, this rule applies.

Placards that are Invalid

It is illegal to show a handicapped placard that was granted to someone else unless you are carrying that person, according to Vehicle Code 4461(c). Using a revoked or canceled placard is also prohibited.

You do not have to be in an accessible parking area to be guilty under this statute. Simply displaying the sign on your vehicle is enough to get you in trouble with the law.

Parking in a Handicapped Space Without Permission

If the car with the DP plates is issued to another person or the driver is not transporting the disabled registrant, it is prohibited to park in an accessible parking area under Vehicle Code 4461(d).

In California, there are penalties for misusing disability placards.

A wobbler is breaking California Vehicle Code 4461. This means it can be charged as both a civil infraction (like a parking ticket) and a criminal offense.

The prosecution has complete discretion over whether or not to use either option to punish the defendant. The seriousness of the offense and whether or not the offender has a history of similar or other offenses influence the decision.

Punishment for a Civil Offense

Vehicle Code 4461 is usually treated as a civil offense. Fines are imposed for violations of this statute, with a minimum of $250 and a maximum of $1,000.

You may be charged with failure to appear or pay for a traffic citation if you do not pay the fine. In California, failing to appear in court for a traffic citation is a misdemeanor. The following penalties apply:

A maximum sentence of six months in a county jail

A $1,000 fine is possible.

Instead of a jail term, a judge or jury may opt to give you a misdemeanor or summary probation.

Penalties for crimes

In California, abusing a disability placard can result in a criminal penalty. This carries a maximum penalty of six months in county jail and a fine of $250 to $1,000.

A misdemeanor or summary probation may be imposed, requiring you to pay a fee, perform community service, or attend counseling.

Extra Penalties

You may be forced to pay an additional maximum fine of $1,500 despite being charged with a misdemeanor or infraction. This penalty usually applies to someone who parks in a disabled zone without a placard. Fines are less likely to be enforced on someone who enables another individual to use his or her DP tags without permission.

Misuse of Disability Placards: Legal Defenses

When you employ an attorney, you want them to assist you in winning your case. This is accomplished by employing legal defenses. Not every legal argument applies to the claims. The following legal defenses should be carefully considered by your attorney.

Knowledge Deficit

If you did not deliberately provide your disability placard to another person, you are not guilty of misusing it. You would not be convicted under this provision if the placard was taken without your authorization. The DMV investigator should not charge you if a family member or friend took the card without your knowledge. This happens frequently when your driver tries to use your card for errands without your permission.

There has been no actual misuse.

If the legal owner is close to the parking lot or transporting the owner, parking in a disabled zone does not violate California Vehicle Code 4461. For example, if you dropped a registered placard bearer and were caught while parking the vehicle, you are not guilty because the owner is within reach.

Misconduct by Police

A traffic officer may infringe on your rights in a variety of ways. For example, if an officer searches your vehicle illegally, you may be in violation of your rights. It will also be considered a breach of your constitutional rights if he or she does not read you your Miranda rights during the arrest.

If you violate your constitutional rights, the court may not dismiss your case, but the evidence gathered against you will be invalid. The prosecutor may elect to treat the matter as an infraction rather than a misdemeanor in this scenario. The prosecutor may also refuse to issue a voucher for the extra fine.