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New Jersey takes handicapped parking seriously and is quick to write tickets to those who break the law. However, simply receiving a ticket doesn’t mean you’ll have to pay a steep fine.
Learn more about handicap parking tickets in NJ, including the penalties and options for throwing out or pleading down the charges. Then, you can take steps to fight your case if necessary.
Who Can Park in a Handicap Spot in NJ?
To better understand who exactly is eligible to park in a handicapped spot, it’s important to first review the laws governing handicap parking in New Jersey.
To begin, you can only park in a handicapped spot if you have been issued a temporary or permanent parking permit. The state also allows you to park in a spot if you are driving someone who has a disability parking placard.
Temporary permits are granted to people who have:
· Temporarily lost the use of at least one limb
· Temporary mobility issues
You can obtain a permanent accessible parking placard if you have permanently lost the use of at least one limb or you have a permanent disability that impacts your mobility. Also, if you’re a New Jersey resident who was honorably discharged and 100 percent disabled through the VA, you can receive a permanent placard.
The state of New Jersey won’t take your word for it regarding your disability: You’ll need to undergo a medical exam to gain proof of your condition. Then, your provider must submit certification stating you are disabled.
What are the Penalties for Parking in a Handicap Spot?
If you just received your first ticket for parking in a handicapped spot, you can expect a $250 fine; however, the penalties increase with subsequent tickets. If you’re ticketed a second time, the fine is a minimum of $250 and you may be required to serve up to 90 days of community service.
Those fines are pretty stiff, so you probably wonder if there’s any way to plea down the charges. Let’s take a closer look at that.
Can You Plea Down a Handicap Spot Ticket?
It is possible to plea down a handicap spot ticket, however, some municipalities are less likely than others to accept plea bargains. Hiring an attorney to represent you can help you get a satisfactory plea agreement.
You can also fight the charges to try to get them dismissed. There are lots of possible defense options. Most commonly, the defense is based on:
· The defendant wasn’t parked in the spot
· The defendant has a handicap placard that was not in the vehicle
· The parking spot was not a valid accessible parking spot
· The parking spot was not clearly marked
These are just some possible defenses. Your attorney will go over your options so you can decide the best path forward.
How Do I Get a Handicap Placard in NJ?
If you meet the requirements and have been certified as disabled by your medical provider, you can apply for a handicap placard. You just need to fill out the Application for Vehicle License Plates and/or Placard for Persons with a Disability form. The form is available online via the New Jersey Motor Vehicle Commission.
You will fill out the form and attach the prescription or letter from your provider. You will need to renew your placard every three years. Before renewal, you’ll have to submit to another medical exam.
While the process is relatively involved, it’s well worth it if you’re disabled. The state is cracking down on fake handicap placards, and those with counterfeit placards face fines and penalties. Plus, the counterfeit placards sell for thousands of dollars, while legitimate placards are free of charge.
FAQs About Handicap Parking Tickets in NJ
If you’ve received a handicap parking ticket in NJ, you probably still have a few questions. Let’s take a closer look at some of the frequently asked questions and answers. Remember, if you still have questions, you can reach out to an attorney for help.
What happens if I have a handicap placard, but didn’t have it in place when I received a ticket?
You are far from alone. Many men and women receive tickets because they left their placards at home. You can likely have the charges dismissed by bringing the placard to the court and explaining the situation. If the court doesn’t dismiss the charges, hiring a lawyer can be beneficial.
Your attorney will present the court with the information, including when you received your placard. As long as you are disabled and have a valid placard, the ticket should be wiped from your record.
Am I guilty if I received a ticket while using a relative’s handicap parking placard/sticker?
Handicap parking stickers and placards are issued for the sole use of the disabled party. Having a placard in place is not a defense in this case. Also, the owner of the placard could get in trouble for allowing someone else to use it. The state of New Jersey can revoke the placard and issue a fine for the owner.
The handicapped spot wasn’t clearly marked. Can I have the ticket thrown out?
If the handicap spot wasn’t clearly marked, you could use that as a defense. Take photos and videos of the parking spot so you can show it was not clearly marked. The evidence can help you win the case, meaning you won’t have to deal with any penalties.
Can I be ticketed if I wasn’t parked in the handicap spot but was just sitting in the car?
You are still taking up a handicap spot if you idle in the space. That means you can still receive a ticket for parking in a handicapped spot. The ticketing officer might give you the opportunity to move your car without getting ticketed. However, in most cases, you will receive a ticket for this offense.
Will I get points on my license for handicap parking tickets?
You will not have points added to your license if you get a handicapped parking ticket. Points are added to licenses for moving violations.