If you’ve recently become disabled, you may be wondering: Can I use my handicap placard in another car? The answer is important because California residents who fraudulently use handicapped spaces may be charged under California Vehicle Code Section 4461: Unlawful Use of a Disability Placard.
California provides numerous services to individuals with disabilities, including accessible parking spaces. Individuals with need are issued disabled placards or license plates that give them the right to park in these spaces. The difference is that handicapped placards can be used in another car, but license plates must stay permanently affixed to the vehicle.
Find out more about VC 4461 charges from an experienced Los Angeles criminal defense lawyer. You can review the potential outcomes of a VC 4461 conviction and focus on options for legal defenses for the unlawful use of a disability placard.
Defining the Unlawful Use of a Disability Placard
Misuse of a disability placard may also be referred to as handicapped parking fraud in California. The court system considers several acts to be handicapped parking fraud. Let’s take a closer look at a few examples.
Giving Someone Else a Disability Placard
Some individuals who legitimately possess a disability placard may decide to loan it to a friend or family member. This is illegal in the state of California. Knowingly allowing another person to use a disability placard can lead to a VC 4461 conviction.
Exhibiting an Invalid Disability Placard
Drivers are never permitted to use a disability placard that they were not legally assigned. The only exception to this rule arises if a driver is transporting a disabled person, in which case they can use the placard.
Drivers can also face criminal charges for using a placard after it is revoked.
Parking Illegally in a Handicapped Space
California drivers park illegally in handicapped spaces if they display an invalid disability placard or have invalid disability plates on their vehicles. Again, drivers are permitted to use a handicapped space if they are driving a person with a disability.
Of course, parking in these spaces without disability placards or plates is also illegal.
Examples of VC 4461 Violations in California
Woman A has a disability placard. She gives the placard to her daughter so her daughter can get great parking at the mall. When she arrives, her daughter gets caught unlawfully using a handicapped space. Both mother and daughter could face VC 4461 charges.
Man A is driving his disabled son to the movies. He drops his son off with his friends. He then drives a couple of blocks down the road to have lunch while he waits for his son. He parks the car, which has disability license plates, in a handicapped spot at the restaurant.
Despite the fact that Man A was transporting a disabled person, he has left the reasonable proximity of that person. Because of this, he is no longer able to use an accessible parking spot legally. Man A could face a charge under California VC Section 4461.
Obtaining a Disability Placard or License Plate
Facing a charge under VC 4461 can be especially frustrating if you have a legitimate disability. Display your DP placard properly anytime you are parking in a disabled parking spot. Even if you have a DP placard, you can still face a charge if it is not hanging in your window.
Getting a DP license plate can eliminate the hassle of remembering to put up your placard. However, you cannot use it if you are traveling in another vehicle. You should be aware of your options for travel parking placards as well. If you are renting or borrowing another person’s car, you should pick up one of these temporary placards.
Can I Use My Handicap Placard in Another Car?
Yes, in California, you can use your handicap placard in another car as long as you are either the driver or a passenger in that vehicle. California law allows individuals with a valid handicap placard to use it in any vehicle they are actively using, regardless of ownership, as long as the placard holder is present.
This flexibility is intended to make it easier for people with disabilities to travel, whether they are driving or being driven by someone else.
Related Charges
There are many charges that a person could face in addition to, or instead of, a charge under California Vehicle Code Section 4461. A few of the laws that regulate these charges are:
- California Vehicle Code Section 4463 – Forging or Falsifying Vehicle Registration
- California Vehicle Code Section 20 – Providing False Statements to the DMV or CHP
- California Penal Code Section 472 – Forging or Possessing a Fraudulent Public Seal
Penalties for a VC 4461 Conviction
In California, unlawful use of a disability placard may be treated as a minor infraction or a misdemeanor. Infractions are punishable offenses that are not considered criminal acts.
You may think of speeding tickets as another example of a traffic offense often treated as an infraction in California. A Los Angeles speeding ticket lawyer will review your legal options and defend your rights.
Drivers who face a VC 4461 infraction may be fined up to $1,000. Infractions do not lead to incarceration. Misdemeanor charges are far more serious. Drivers charged with a VC 4461 misdemeanor may end up:
- Fined up to $1,000
- Jailed for up to six months
- Facing summary probation
Drivers may sometimes be sentenced to probation instead of jail time in unlawful use of disability placard cases.
Additional Penalties
In addition to the fine of up to $1,000 for violation of VC 4461, the court may order the defendant to pay another fine of up to $1,500. Cities and counties have the right to add a further penalty of up to $100. That means that, in total, you could be looking at up to $2,600 in fines if found guilty of a violation of this penal code.
These additional fines may be assessed whether you have been charged with a misdemeanor or an infraction.
When Is VC 4461 Charged as a Misdemeanor?
It is fairly rare to face a misdemeanor charge under VC 4461. The majority of the time, this crime is charged as a civil infraction. However, a misdemeanor charge is certainly possible under specific conditions.
The prosecutor has discretion over whether to pursue a misdemeanor or infraction charge. In most cases, the prosecutor will only pursue a misdemeanor conviction if the violation is quite severe or if the defendant has a history of similar offenses.
Defenses for Unlawful Use of a Disability Placard Accusations
Get legal help if you are accused of unlawfully using a disability placard. A Los Angeles criminal defense lawyer at Simmrin Law Group can dig into the details surrounding your case. Depending on your situation, a legal professional could argue that:
You Were Using a Disability Placard Lawfully
Individuals in California are legally allowed to transport people with disabilities. If you are providing a ride to a disabled individual, you may park in a handicapped space using their disability placard. This applies even if you drop a disabled individual off at the door to a building and then park your car.
You Didn’t Know Someone Was Misusing Your Disability Placard
Individuals who willingly give their disability placards to other people can face criminal charges. However, you should not be charged under VC 4461 if someone took your disability placard without your knowledge or permission.
Speak With a Criminal Defense Lawyer About VC 4461 Charges
California Vehicle Code Section 4461: Unlawful Use of a Disability Placard charges can lead to fines and jail time. You can work to resolve these charges in your favor by contacting the Los Angeles criminal defense lawyers at Simmrin Law Group.
Speak with our criminal defense lawyers now for a free initial case evaluation. You can reach us by phone or by completing our online contact form.