Handicap spot with Purple Heart plates....

[LTHL VNM]

yesterday before heading out to run some errands i was leaving my apartment complex and decided to check the mail. there are about 8 spots in front of the complex where you can park and one is hanicap, all others were full. i have purple heart plates on my cobra and have been told by countless officers that since they are "disabled veteran" plates i am allowed to park in handicap spots. i got out of the car, walked ~15ft to check my mail, walked back and there was a parking enforcement agent parked behind my car so i couldn't get out. she informed me that i was being cited with parking in a handicap spot without proper permission. i told her that the plates allowed me to do so but she wouldn't discuss the matter any further. i looked at the ticket when she handed it to me and it said the fine was $250!!!!! WOW, this sucks.
so i went immediately up to the municipal court house to contest it, the lady at the window was shocked when i told her what happened and her response was, "she cited you for this and your automobile has the purple heart plates on it???". she then went back and talked to the judge but didn't disclose to me what they said. all she said was that the judge wanted my contact info and would get back with me, but also said to be assured i would not have a warrant for this.
what am i looking at here, will it get dismissed?
thanks
-tony

 

[mswaim]

I can only speak for my state, however the only exemption here is a bonifide handicap placard or license plate issued by DMV and only after you present proof of a disability. We also spot-check to assure that the operator of the vehicle actually has the documents with them to back up their placard or plate since the law is very clear that it is a presumption of fraud not to have said documents in your possession at the time you are utilizing the parking space. Sadly, we are forced to do this due to the high level of fraud.

A Purple Heart plate gives little or no assurance that the injury you sustained has generated a life-long handicap rendering you incapable of using standard parking.

Just to verify, I pulled this section from the California Vehicle Code. Pay particular attention to the highlighted text.


5101.8. (a) Any person otherwise eligible under this article who is
a Purple Heart recipient may apply for special license plates for
vehicles that are not used for transportation for hire, compensation,
or profit, under this article. The special plates assigned to the
vehicle shall run in a separate numerical series, shall have
inscribed on the plate the Purple Heart insignia, and shall contain
the words "Combat Wounded" and "Purple Heart" or at least the letters
"PH" as part of the numerical series. The department shall reserve
and issue the special plates to all applicants providing the proof
required by subdivision (b).
(b) The applicant, by satisfactory proof, shall show that the
applicant is a Purple Heart recipient.
(c) Special plates may be issued pursuant to subdivision (a) only
for a vehicle owned or coowned by a Purple Heart recipient.
(d) Upon the death of a person issued special license plates
pursuant to this section, his or her surviving spouse may retain the
special license plates subject to the conditions set forth in this
section. Upon the death of the spouse, the retained, special license
plates shall be returned to the department either (1) within 60 days
following that death or (2) upon the expiration of the vehicle
registration, whichever occurs first.
(e) When an applicant for the Purple Heart license plate qualifies
as a disabled veteran, as specified in subdivision (b) of Section
22511.55, the applicant may also apply for a distinguishing placard
described in subdivision (a) of Section 22511.55 to be used in
conjunction with the Purple Heart license plate for the purpose of
allowing special parking privileges pursuant to subdivision (a) of
Section 22511.5. (f) Sections 5106 and 5108 do not apply to this section.

 

[FordSVTFan]

I agree that it sucks! But there is no state that I know of that says a Purple Heart Award Winner Plate is the same thing as a Handicapped Plate.

One questions, are you physically handicapped? Would you qualify for a handicapped placard or plate otherwise? If no, then you are in the wrong.

I would hazard to guess the judge might be a patriotic person and cut you some slack for your injury while defending this country.

Good Luck.

 

[ROADWARRIORSVT]

This has been answered very well already. I'll just reiterate:

PH does not = disabled.

But :beer: for your service to our great Country.

 

[Lawman85]

Ga doesn't allow the PH tags to serve as handicapped either. We do have a separate "Disbabled Veteran" tag that has the exemption.

 

[NJCOBRA10thA]

I wouldn't presume that PH would allow him to park in handicap zone either but since he has been told that before by the police they should cut him slack this time and he shoudl know not to do it again.

Regardless though, ya gotta wonder about handicap plates on a stick shift car with such a heavy clutch. (I know he doesn't have them).

 

[Groovyash]

Ga doesn't allow the PH tags to serve as handicapped either. We do have a separate "Disbabled Veteran" tag that has the exemption.

Ditto for PA

Dan

 

[LTHL VNM]

i have to write a letter to the city prosecutor....i'll have that in the mail tommorrow and see what happens

 

[ROADWARRIORSVT]

Good luck bro! ;-)

 

[Mr.Shortround]

Regardless though, ya gotta wonder about handicap plates on a stick shift car with such a heavy clutch.

Just because someone has handicapped plates, it doesn't mean that they can't walk or drive a manual transmission. I know a guy who cannot lift heavy objects. (heavy meaning more than 20 lbs) and he has handicapped plates. He's prefectly fine for doing just about anything else, and is more than capable of driving a sports car.

 

[Kovachian]

What injury did you receive in service?

 

[LTHL VNM]

well thank god i got it dismissed, that was $250 that i didn't want to be shellin' over to the city of Lubbock. i got it dismissed on the grounds that a peace officer had directed me into hanicap spots on atleast 2 previous occassions but i am also agreeing to not use disabled spots again since the plates do not specifically say "DV" or "Disabled Veteran"