Articles Posted in Handicap Placard Misuse

California Vehicle Code §4461(b) makes it unlawful for someone to use a handicap placard for something other than it’s purpose. It allows for a person who has not been issued the handicap placard to use it, if the person for whom it has been issued is in close proximity or is being transported. It has been previously mentioned by many Los Angeles Criminal Defense Attorneys that this is a serious charge that should not be taken lightly.

The statute itself outlines the possible consequences as follows:

A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.

California Vehicle Code §4461(b) makes it unlawful for someone to use a handicap placard for something other than it’s purpose. Many people mistakenly believe that it is not that serious of an offense, when in fact, that is not the case. Misuse of a handicap placard is a serious offense, and one that can either be charged as a misdemeanor or an infraction. It is generally up to law enforcement, or prosecutors to determine which it will eventually be charged as.

The statute itself includes specific language regarding what is unlawful, and the statute is extensive. It reads as follows:

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. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person.