Hello, my wife got a ticket for parking in a handicap, she is disable has MS. She forgot to place the handicap card on windshield in Kohls parking lot. She is in court right now & they told her they are not going to dismiss her ticket and want her to pay a reduce fee of $120 + court fees. She took all the paper work from motor vehicle to show that she was issue a handicap card. Shouldn't the ticket be dismiss? what can she do? Is it legal for them to still fine her even if she is handicap & has all the proper paper work? The court is located in Linden, NJ. I guess they are just greedy for money.
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Wife got a handicap ticket but she is handicap & ticket will not get dismiss
- Thread starter scuba spy
- Start date
I was always under the impression that they would dismiss, but maybe that is only if you provided credentials on the day of the offense. Maybe someone else knows better.
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I'm no lawyer, but I've had my fair share of traffic tickets to see what happens in various NJ courts. 
I think legally they can still issue the ticket if the handicap card isn't displayed, as "displaying" it is part of the requirement when having it.
Coming to court and showing evidence that she has been issued the right to park in those spots should be enough for them to drop it (if they had any common decency.) However, since it was a parking ticket and no-one in the car at the time of ticketing, they have no idea she had that right and the ticket was issued. It's also hard to prove that she was the one driving and not someone else (say you perhaps?). I'm not saying that's what happened, but it could be how they're looking at it.
That's the problem with those stickers you hang from the mirror. They're convenient because you can move them to whatever the approved person is driving... but if you forget to display it then you're subject to the ticket. If you had a handicap designated license plate, then you don't have to worry about displaying it... but you're limited to that one vehicle.
They should have tried to find a lesser fine to charge you than $120 IMO. Especially if she's showing up with all the approved paper work. However, some courts are either greedy or really need the money and anytime they get someone into court they feel compelled to get some kind of fine and a court cost regardless. Shame on them I say!
I think legally they can still issue the ticket if the handicap card isn't displayed, as "displaying" it is part of the requirement when having it.Coming to court and showing evidence that she has been issued the right to park in those spots should be enough for them to drop it (if they had any common decency.) However, since it was a parking ticket and no-one in the car at the time of ticketing, they have no idea she had that right and the ticket was issued. It's also hard to prove that she was the one driving and not someone else (say you perhaps?). I'm not saying that's what happened, but it could be how they're looking at it.
That's the problem with those stickers you hang from the mirror. They're convenient because you can move them to whatever the approved person is driving... but if you forget to display it then you're subject to the ticket. If you had a handicap designated license plate, then you don't have to worry about displaying it... but you're limited to that one vehicle.
They should have tried to find a lesser fine to charge you than $120 IMO. Especially if she's showing up with all the approved paper work. However, some courts are either greedy or really need the money and anytime they get someone into court they feel compelled to get some kind of fine and a court cost regardless. Shame on them I say!
I think George hit it on the head. the rub here is that they are probably trying to prevent non-disabled people from abusing the system (of which I have seen a few - separate topic but a friend of mine is a paraplegic and we'd constantly see kids park in his handicap spot outside his home back when we were in college).
point being exactly as george said - they have no idea when they issued the ticket if it was her who parked the car there. For all they know, someone parked the car and now are sending her to defeat the ticket.
It's unfortunate but I think this will be a painful $120 lesson. The only bright side is that it's a parking violation and there is no points.
point being exactly as george said - they have no idea when they issued the ticket if it was her who parked the car there. For all they know, someone parked the car and now are sending her to defeat the ticket.
It's unfortunate but I think this will be a painful $120 lesson. The only bright side is that it's a parking violation and there is no points.
Well she does have proof she was at kohls in Linden because she used her kohls charge card and it was charged 2 minutes after the ticket was issue. Which on the receipt it shows the last four digits of the card number & signature which also matches with her kohls charge card.
Also forgot to mention that they put she was driving a black toyota which in fact we dont own a black Toyota we have a light blue Toyota.
Also forgot to mention that they put she was driving a black toyota which in fact we dont own a black Toyota we have a light blue Toyota.
Going to b up to the judge. He/she could dismiss it cause you do have the proper docs. On the other hand he/she could say that it has to b displayed n hold to the ticket. Really depends how he/she feels that day. In reality your getting a break by getting any reduction in the ticket price. And u know what they say.... Reality sucks
What really annoyed me reading this post is that people that dont have this disease have no idea what comes with it,in part the disease affects the mind and forgetfullness is part of it.So what she forgot to hang the card.I can understand that if the privalege was abused so be the wrath,but this wasnt the case.I wish you and yr wife the best in this,but with already being diagnosed this is a drop in the bucket and Im sure good things will come in the future..gd luck
The ticket should have citations along the lines of "N.J.S.A." then with a series of numbers, along with the alleged violation. That is a citation to the new jersey statutes, annotated.
You can pull the statute here, http://lis.njleg.state.nj.us/cgi-bi...infobase=statutes.nfo&softpage=TOC_Frame_Pg42, and that should help, then you can read the cited law. Shoot me a pm if you have trouble finding the statute.
You can pull the statute here, http://lis.njleg.state.nj.us/cgi-bi...infobase=statutes.nfo&softpage=TOC_Frame_Pg42, and that should help, then you can read the cited law. Shoot me a pm if you have trouble finding the statute.
So what was the outcome? If you had the supporting documents they should have dropped the ticket, and maybe just had to pay the court cost.
I've forgotten to put my placard up a few times myself. I don't want to be the people you see that drives with it in the window all the time.
I've forgotten to put my placard up a few times myself. I don't want to be the people you see that drives with it in the window all the time.
It's all about money here for the most part... In the UK The Police are entitled to ask to see your licence at any time and if you do not have it immediately, you will be ordered to produce it to a Police Station within 7 days. Failing to produce within that period of time is another offence, even if you do actually hold a licence. This Law is for any car related documents ..We call it a "7 day wonder"
After arguing with the prosecuter for a long time he didn't want to dismiss the ticket, He called someone up to his office to check if the dmv handicap identification card was real which it was after getting check. Then he said that she is not handicap because she's only 30 & doesn't look disable, saying what does she have to make her disable because I don't see nothing wrong with her, we told him she has MS & she was diagnose with it when she was 18, then he said in a very rude way AND? I just wanted to reach over and strangle him, but I did get to stangle him in my dream last night lol. After all that, he made her sign a guilty form for a reduce fee. But when she went to talk to the judge, she showed the judge all her payper work & proof that she was at kohls, he was going to dismiss the ticket but the prosecuter cut him off and showed him a paper that he made her sign to plea guilty to a reduce fee. The prosecuter didn't want the judge to dismiss the ticket so she ended up paying $120 + $50 court fee.
Yea, I was thinking the same thing. That is lawsuit territory and I'm sure the Americans with Disabilities Act would cover something like this.
I'm quiet upset about this too, I'm 30 and permanently handicapped from a motorcycle accident. Just by looking at me you wouldn't know it, but you can't see the pain I live with everyday. If the prosecutor said that to me, he would have two broken legs and I would even be so kind as to spare him the broken knee!!!
Sadly that is why you need a lawyer.