New York Attorney for Illegal Parking in Handicap Space (VTL § 1203-c) Ticket

Parking in certain areas, including spots reserved for handicapped drivers, can land you with a ticket. You could be facing fines and other legal penalties if you are convicted. The good news is that you do have the right to put forth a compelling legal defense.

It begins with hiring an experienced New York law firm that knows how to seek the best outcome in your case. That firm is The New York Traffic Ticket Lawyers. Schedule a consultation with us so we can begin challenging your ticket.

What To Know About VTL § 1203-c

Vehicle & Traffic Law § 1203-c concerns off-street parking in handicap spaces, for example at a retail establishment. A driver who stops, stands, or parks in a spot that is designated for handicapped drivers, but who does not have a permit or disability registration, can be ticketed.

You can receive this ticket if you park in a handicap parking space in a parking lot or garage without a permit or other authorization. But you can also receive this ticket for improperly using someone else’s permit or for parking in the access aisle right next to a handicap spot.

A handicap parking space is properly designated as such if it has conspicuous, permanent signage that shows the international handicap symbol. There are rules in the statute about these signs and the correct markings and signage for access aisles next to parking spaces.

Notably, this ticket is specifically for off-street parking. A separate statute, VTL § 1203-b, involves illegal handicap parking in streets. This distinction is important and it could make a difference in your legal strategy and the outcome of your ticket.

Possible Penalties for a VTL § 1203-c Ticket

If you receive a ticket and are convicted for parking in a handicap space, parking in an access aisle, or improperly using someone else’s handicap permit, these are the likely consequences:

  • Fines: Expect a $50-$75 fine for a first-time conviction. This increases to $75-$150 for a second conviction within two years in the same New York municipality. Local governments are allowed to impose higher fines.
  • Mandatory surcharge: You may also have to pay a mandatory $30 surcharge. So, for example, a first-time ticket could lead to at least $80 in monetary penalties.
  • Towing: Your vehicle may also be towed out of the handicap space and stored elsewhere. This means you will have to pay towing and storage fees, which can vary based on the municipality, parking facility, and towing company (New York City rates can be significant).

How To Defend Against a VTL § 1203-c Ticket

Many drivers are tempted to simply plead guilty to a ticket for illegal parking in a handicap space. However, you do have the right to defend yourself. Doing so could save you substantial sums of money and problems down the road.

To develop a compelling legal defense, you need a dedicated New York traffic citation attorney. Working with your lawyer, you may be able to argue several defenses, including:

  • Valid permit or other registration: This is arguably the most straightforward defense. If you have a valid handicap parking permit, disability registration, or other authorization, then the court may dismiss the ticket.
  • The permit holder was in the vehicle: Not every use of someone else’s handicap parking permit is improper. For example, if the driver is actively transporting the permit holder at the time the citation is issued, this may be a defense.
  • The space was not properly designated: VTL § 1203-c includes specific details about how handicap spaces are to be designated. Inadequate or missing signage may be a defense.
  • The area was not a handicap parking space or access aisle: The simple fact is, not all cars whose drivers are ticketed are parked in a handicap spot or access aisle. Evidence that this is not the case (like a video recorded during the issuance of the ticket) may be a defense.
  • The vehicle was not parked, stopped, or standing: The language of the statute requires the vehicle to be parked, stopped, or standing in the handicap spot or access aisle. The position of the vehicle at the time the citation was issued could therefore be relevant to your defense.

There may be other defenses available to you, based on the specific circumstances of your citation. It’s important to try to document as much as you can about the ticket and then reach out to a knowledgeable New York attorney for assistance.

Contact Our New York Attorney for Illegal Parking in Handicap Space (VTL § 1203-c) Ticket

Remember, the prosecution actually has to prove its case to secure a conviction against you. Before you plead guilty or try to fight your ticket by yourself, reach out to The New York Traffic Ticket Lawyers. You can schedule your initial case consultation with us today.

Frequently Asked Questions About Illegal Parking in Handicap Space

Is it always illegal to use someone else’s handicap permit?

No, not every use of someone else’s permit is automatically illegal. The permit can be used when its rightful holder is either driving or being transported in a vehicle. If you were ticketed while the permit holder was in your vehicle, this detail would be a good defense.

What if the driver is disabled but has no permit?

A person who is disabled still needs a permit or other authorization to park in a handicap space. A disability by itself does not allow this. You should still notify your attorney, however, to see if this may allow you some leniency (for example, a lower fine) from the court.

If you are found not guilty but had to pay fees to tow and store your vehicle, can you get the money back?

Not necessarily, because there is no right to automatic reimbursement for towing and storage fees if the ticketed driver is later found not guilty or the charge is dismissed. Whether you can recover these costs depends on the unique facts of your case.

Can you get jail time, insurance rate hikes, or driver’s license points?

A ticket for parking in a handicap space should generally not lead to jail time, insurance hikes, or points being added to your driving record. This ticket is for a parking violation, not a moving violation, the latter of which is more likely to result in these consequences.