VC 4461: Misuse of Handicap Placard
Legal Definition: “(a) A person shall not lend a certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, and a person shall not knowingly permit its use by one not entitled to it.”
“(b) A person to whom a disabled person placard has been issued shall not lend the placard to another person, and a disabled person shall not knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it.”
“(c) Except for the purpose of transporting a disabled person as specified in subdivision (b), a person shall not display a disabled person placard that was not issued to him or her or that has been canceled or revoked.”
To secure a conviction under VC 4461, the prosecution must establish the following:
- You either lent or permitted someone to utilize your personal handicap placard;
- You exhibited a handicap placard belonging to someone else or a placard that is no longer valid or has been revoked;
- You occupied a parking space designated for individuals with disabilities while not meeting the criteria for disability.
By virtue of my expertise and extensive experience, I can assure you that these criteria are substantiated and upheld with utmost authority.
What does this mean?
Exemption from prosecution under this section is granted when transporting a disabled individual with whom the placard is issued, or for the purpose of accommodating their transportation needs. It is important to note that utilizing another individual’s parking placard, such as a parent’s, does not grant you the authority to occupy designated handicap spots. Should law enforcement officials stop you and determine that the placard belongs to someone else, you may be charged with a misdemeanor offense as outlined in this section. Furthermore, lending a handicap placard to another person can also result in criminal liability as per the applicable code section.
It is imperative to adhere to the expiration date of the placard. For instance, if a person undergoes foot surgery and requires the use of crutches for six months, their doctor may provide them with a placard for this duration. However, it is crucial to discontinue the use of the disabled placard once the specified time frame has elapsed. Failure to do so may lead to a violation of this section and subsequent legal consequences.
Penalties
A charge under VC 4461 is a wobble offense, meaning you can be charged under this section as a misdemeanor or as an infraction. If you are convicted of this charge as a misdemeanor you could be sentenced up to six months in County Jail. You would be required to serve at least 50% of that time in custody. You could also be subjected to a fine of upwards of $250 to $1000 for a misdemeanor conviction. If you are charged under this section as an infraction, you could not be sentenced to jail for it, but you could still pay hefty fines of upwards of $1000 for a conviction. Whether you are charged under this section as a misdemeanor or an infraction violation, you can also be subjected to an additional $1500 fine for people who use another person’s placard to park in a handicap zone. This additional fine does not apply to people who allow others to use their placard. This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a suspension or loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since the offense is deportable, in that it is a crime lying or deceit.
Common Defenses
Under this section, you can avoid prosecution if certain conditions are met. For instance, if you allow someone to borrow your vehicle without knowledge that they would use your handicap placard and park in a handicapped spot, you cannot be found guilty. Similarly, if someone steals your placard and uses it without your knowledge, you cannot be held accountable due to lack of evidence of your involvement.
Furthermore, it is important to note that you cannot be deemed guilty under this section if you use the handicap placard to transport a disabled person. For example, if you are picking up a handicap person and utilizing their placard, your intention is to assist them in accessing their vehicle conveniently. Given that these designated parking spots are situated in close proximity, it is reasonable to park nearby in order to facilitate their mobility. If you are providing assistance or transportation to a disabled individual using their rightful handicap placard, you are not engaging in any misuse.
Rest assured, these guidelines help ensure that you are well-informed and protected from potential legal consequences.
Call Today
Mistakes are inherent to human nature, and sometimes they arise from simple acts of forgetfulness or patterns of habit. For instance, parking a borrowed car out of habit in a spot you’ve frequented might unknowingly put you in violation of designated spaces. Such inadvertent actions should never escalate to the level of criminal charges or the potential of a tarnished record.
Understanding the nuances and complexities of such cases, our team at Inland Empire Defense has a well-established history of representing individuals charged under VC 4461 for alleged handicap placard misuse. Our adept Ontario VC 4461 attorney approaches each case with a thoroughness that aims to ensure your rights and reputation remain intact.
Your future shouldn’t hinge on an innocent mistake. Reach out to the dedicated team at Inland Empire Defense at 909-281-0391. Centrally situated in Ontario, we remain steadfast in our commitment to offering unmatched legal counsel.
