Legal Question in Traffic Law in Florida

My son parked in a handicapped parking space and got a ticket. We fought the ticket using the following defense but it was held to be valid. We are considering an appeal and would like to know:

1) How likely is the defense below to be found applicable?

2) How do we file an appeal specifically?

Florida Statutes, Chapter 316, Section 1955(1) states that “Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above-grade sign as provided in s. 553.5041.”

The requirements of the sign as found in s. 553.5041(6) state that “Such a sign erected after October 1, 1996, must indicate the penalty for illegal use of the space.” The sign is in excellent condition and is not 13 years old. Therefore, it must indicate the penalty for illegal use of the space in order to comply with the statute.

The sign does not indicate the penalty as required by law so it does not comply with Florida statute 553.5041(6).

Asked on 9/25/13, 8:32 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Did you have a court reporter? Did you tape it and supply the tape to the clerk? Without a record, you won't be able to appeal. How to file can't properly be answered on this forum. An appeal is not something you do on your own. You need to hire an attorney to handle this as soon as possible as there also time limits you face as well.

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Answered on 9/26/13, 6:28 pm

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