Legal Question in Traffic Law in Florida

Illegal Handicapped parking

Hello, my brother almost went to jail

for parking in a handicapped spot

illegally. He is not handicapped , he

is actually healthy, and was using his

friends handicapped decal. He was

late to class and he had to park in

handicap so he can avoid another

absence. Unfortunatley the cops

caught him. The cops were going to

take him to jail but he talked his way

out of it. He is now going to court.

What should he do when he gets to

court? He has never gone before

and I want to help him so he can get

the least punishment, hes a great

kid and didnt mean any harm. What

should he plea? I want him to get

through this with the least

punishment. What is the Worst this

that can happen? What is the best

situation that can happen? Please

help. He doesnt know what to do.

Thank You


Asked on 11/09/07, 3:21 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Illegal Handicapped parking

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your brother broke the law and was caught. There is not much of a defense that can be made. The penalties vary from jurisdiction to jurisdiction (county to county) and can be substantial but it will only be a fine. He needs to face his wrongdoing and be sincere with the court and hope for the best.

Scott R. Jay, Esq.

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Answered on 11/09/07, 9:56 pm
Thomas Rosenblum Rosenblum Law Offices

Re: Illegal Handicapped parking

Hello:

I just read your question and one response. I would add...I forget whether this is a civil infraction or misdemeanor...I believe it is civil (like a moving violation). You can look on his citation towards the bottom and see if the officer wrote a statute # and look up that statute in Florida Statutes.

If it is civil, You want to ask the court if he pleads no contest, will the court give him a withhold of adjudication of guilt. This means no points will be assessed. The court will still order court costs. One factor in whether or not the court will give a withhold, is whether he has a lot of prior tickets or prior withholds.

If this is a misdemeanor (criminal case), he will need to appear before the Court. As the other atty. suggests, he should probably plead no contest (as there isn't much of a defense). He should ask for a withhold of adjudication of guilt, this means it would not be a conviction. The Judge will still impose court costs. Again, a primary factor in getting this dispostion is if he had prior misdemeanors.

'Hope this helps. If you need counsel in North Fla., please give my office a call. Tom Rosenblum

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Answered on 11/13/07, 10:34 am


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