Should I fight my Handicap Parking ticket?

[warton26]

I live in Florida and my each state has building codes that must be abided by. In my apartment complex, I received a ticket for parking in a handicap spot that I feel is not a legitimate spot that is up to code.


Here is an album of my car and the parking space (and adjacent one) in question: http://imgur.com/a/RDTpe

Here is the link to Florida's 2012 building code regulations: http://www.floridabuilding.org/fbc/committees/accessibility/aac/Changes_to_Law/2012_Florida_Accessibility_Code_Final%20.pdf

The section about parking requirements is 502. 502.6.1 states that spaces must be "prominently outlined in blue paint." If you look at the picture of the spot where my CTS is parked, it is clearly not outlined like typical handicap spots. There is merely a blue paint line on the curb without actually outlining the sides of the parking space. Also, 502.3 states that "Parking access aisles must be part of an accessible route to the building," which is clearly not the case. there is no striped access aisle, and in order to go from that "handicap" spot to the wheelchair ramp, one must go into the flow of traffic in the parking lot. Further to my access aisle point, 502.3.2 states that the "access aisles shall extend the full length of the parking spaces they serve," which clearly is not the case here because there ISN'T an access aisle that runs any length of the spot in question. 502.3.4 states that "access aisles shall not overlap the vehicular way" which is clearly what a handicapped person would have to do (I'm unsure whetyher a Fire Lane counts as vehicular way).


Thoughts? Also, should I request a hearing officer or county court judge? I'm thinking judge because they would be more apt to follow the building code regulation and law.

[cumhea]

Thoughts? You're whiny. Sure, fight the ticket, you seem to have everything covered. Did you just want a pat on the back, sparky?

[gofraidh34]

The spot may not meet the code for a proper Handicap spot. Nevertheless is has been DESIGNATED as one, and that makes you parking in it illegal.

Pay your fine.

[delron72]

clearly it is marked handicapped. Clearly labeled with sign and blue paint. It is next to the ramp. I don't know why you think that would NOT be considered a handicapped space. This is you trying to justify you getting caught. It's not like you're trying to help with the code violations, you're trying to find a loophole to get out of a pretty bad violation. It's probably an expensive ticket, too.

Own up to parking in a handicap space, don't do it again. You should schedule a hearing because it will probably get the ticket reduced some, but you shouldn't try to pull building code on it.

[jolie95]

Request a judge because judges understand the intent and the letter of the law. If the letter (the space) was not properly marked or situated, you are entitled to a dismissal. An HO may hit you with a guilty charge because you denied a disabled person a parking space.

On the other hand, unless you're really willing to educate yourself about handicapped parking requirements, the ticket may be valid. Why? Not all handicapped parking spaces are required to have access aisles.

[arvad]

Oh, bullshit. You don't get to decide that just because the access aisles don't look kosher to you that you get to park there.

[flannagain]

Takes pictures of an adequately marked space and send them in for comparison. I had a similar problem. The sign was too high and the space wasn't even marked.

I won. :D