NJ Handicap Parking Lawyer

     New Jersey handicap parking spots are omnipresent on public streets, and in private business parking lots.  These spaces are reserved for elderly and disabled persons.  Tickets for improperly parking in these spots are extremely common and often require the assistance of an attorney. In cases where it is a 2nd or subsequent offense especially, it is strongly suggested that you hire a handicap parking lawyer to help defend the charge.

What are the penalties?

The usual fine for a 1st offense handicap parking ticket is $250.  If, however, it is a 2nd or subsequent offense, the court may impose up to 90 days of community service upon conviction   In many cases a NJ handicap parking attorney can either eliminate or minimize community service requirements.

**It is important to keep in mind that certain towns take these tickets far more seriously than others.  Towns such as Secaucus, Jersey City, Hoboken, Paramus, shore towns, etc., have been plagued by these offenses and have cracked down.  This means that they are less likely to plea bargain, and more likely to impose strict penalties.  In these cases, it is even more important to be represented by a traffic attorney.

How can I fight my handicap parking ticket?

There are a few ways to try to fight these tickets, depending on the circumstances.   A few of the most common defenses can be proof that you (1) weren’t parked in the spot, (2) are permitted to park in such reserved spots and have a valid handicap parking placard, and (3) the reserved parking spot wasn’t actually valid.  If you believe these apply to you or you have any other defenses, please contact one of our handicap parking lawyers.

I have a handicap placard but it wasn’t in place when I got the ticket, what happens?

This is one of the most common causes of the police issuing handicap parking tickets.  In many cases you can go into court with your valid placard and explain the situation to the prosecutor and judge and have them dismiss the ticket.  In some towns, this will be a harder argument to make so it is always best to be represented by an experienced NJ traffic attorney.

I got ticketed while using a relative's handicap parking sticker / placard, am I guilty?

Most courts will look very negatively on someone using such privileges without the person to whom the placard was issued actually in the vehicle or being transported in it.  As such, even having the sticker isn’t going to be a defense.

The handicap spot wasn’t clearly marked, is that a defense?

Reserved parking spots should be clearly marked and it may be a defense to the charge if they aren’t.  Pictures and videos of the area are helpful proofs in these cases.

Are there motor vehicle driving points for handicap parking tickets?

No, points are usually reserved for moving offenses.

What if I only parked in the spot for a minute to run into a store?

This is one of the most common ways people are caught and charged for handicap parking violations.  The duration of the stop doesn’t invalidate the ticket.  If your vehicle was doing anything but passing through the spot, it is usually enough to convict.

Can I be ticked if I wasn’t parked but and was just sitting in the car?

This is called standing, as in standing by.  This is still a violation, as the statute covers all conduct that uses the spots without a handicap sticker or placard.

I was hurt because the store had no handicap parking spots

You will be looking for a personal injury lawyer to handle such a case.  The store may be liable if their neglected their duties to ensure the safety of customers.

How do I get a handicap parking card?

You have to qualify for it and apply for one.  More information can be found by contacting the Division of Disability Services. You can also find applications to New Jersey's Motor Vehicle Commission for a disability placard.

Is it true that handicap parkers can get out of metered parking tickets?

In many cases handicap parkers aren’t liable to metered parking under N.J.S.A. 39:4-207

How can I get a handicap parking spot in front of my house? 

Towns are permitted to create such parking zones in front of disabled persons homes, via C.39:4-197.5.  If you are considered a disabled person, you should contact individual town to arrange for a reserved parking spot by your home.  

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