
California's regulations on disabled placard
A person cannot loan or borrow a disabled parking permit unless both of the following conditions are met, according to California Vehicle Code 4461: If the handicapped person who was issued the placard is in the vehicle or within reasonable proximity when the placard is utilized, the person borrowing the placard is driving or otherwise carrying the disabled person who was granted the placard. It cannot be legally utilized until both of these requirements are satisfied.
Consider the following example of disabled parking fraud
Consider the following scenario to have a better understanding of the problem. Let's pretend that Jan fractures her leg and is unable to drive. When her friends and relatives drive her, she asks for a temporary disabled parking sticker. Jan's son brings her to the movies one day. He parks in a disabled place after dropping her off at the movies. Is this permissible? Yes, because Jan is close by and is being transported by her son.
However, if Jan's son then drives her home and uses her disabled placard to go to the store on her behalf, he is not legally entitled to do so. Even if he is conducting errands for Jan, this is true. He can't lawfully use the placard because he isn't carrying her. If her kid did it, he would be guilty, and if his mother knew about it, she would also be guilty.
In California, the penalty of disabled parking fraud might be severe
If you've ever heard of a wobbler offense - a crime that may be prosecuted as either a felony or a misdemeanor – then the term "wobblette" should be familiar. It's a crime that can be prosecuted as a civil infraction (similar to a parking ticket) or a misdemeanor. If you are charged with an offense, you will be fined between $250 and $1,000.
If it is prosecuted as a misdemeanor, it can result in a six-month prison sentence as well as penalties ranging from $250 to $1,000. The court might alternatively sentence the offender to misdemeanor probation, which would include a fine and the requirement that the defendant attend counseling and/or perform community service.
As you can see, the ramifications may be costly and painful. This is why you want the services of a skilled criminal defense attorney. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 right now.