Last Updated on July 2, 2025
California Vehicle Code section 22507.8 (VC) makes it illegal to park in a handicapped parking spot without the proper disability placard or license plate. Violating this law is only an infraction punishable by a fine of up to $500. Additionally, the vehicle may be towed, and the driver will be responsible for towing and impoundment fees.
While the fees for violating 22507.8 (VC) are pricey, the penalties are far worse for those accused of illegally using a disabled parking placard under California Vehicle Code section 4461 (VC). Under this law, the unlawful use of a placard can be charged as a misdemeanor because by hanging up an illegitimate disability placard, you are considered to be performing a fraudulent act. If you have been accused of this serious criminal charge, do not speak with the police. Instead, contact a criminal attorney as soon as possible.
Unlawful Use of a Disability Placard in Vista
Under 4461 (VC), it is illegal to misuse a disability placard that was canceled or issued to someone else. It is similarly against the law to park in a handicapped parking spot with a valid disabled license plate that belongs to someone else unless you are transporting a disabled person.
One of the most misunderstood aspects of this crime is that prosecutors may charge both the person who misused the placard and the disabled person who provided it to the driver, knowing the driver would misuse it. Intent is an essential aspect in this type of case, as it is only a criminal act if the person who lent their placard knew the other individual would use it in an unlawful manner. For example, lending a vehicle with a disability placard in the glove compartment is not against the law unless you know the driver will use it to park illegally in a handicapped parking space.
Penalties for this 4461 (VC)
This crime may be an infraction or misdemeanor depending on the specifics of the incident, particularly whether or not the individual has a history of similar parking violations. As an infraction, the offense is only punishable with a fine, which can be no higher than $1,000. When charged as a misdemeanor though, sentencing can include up to 6 months in county jail, a fine of $1,000, or criminal probation.
For both misdemeanors and infractions, the court has the option to add up to $1,500 in additional fines to your sentence. This penalty is typically only applied in cases where a driver illegally used a disability parking placard or license plate to park in a handicapped spot, not when a disabled person lent their placard to someone else.
A skilled criminal defense attorney can often help convince prosecutors to file the charge as an infraction rather than a misdemeanor. Contact a lawyer as soon as possible when you have been accused of this crime.
Defenses Against These Charges
There are many strong defenses against charges related to illegally using a disability parking placard or plate. In some cases, charges may be brought up against someone for an honest mistake. For example, if you and a relative both have handicap placards and you accidentally used the wrong one, you did not break the law. In these sorts of cases, a lawyer should be able to get the charges dropped right away.
A strong defense against knowingly lending your placard to someone who would misuse it is to argue that you did not know they would do so. It is usually difficult for the prosecution to prove that you let another person borrow your placard, knowing they would abuse the privilege, unless you said something to the police that can be used as a confession.
In other cases, it is possible to argue that the arresting officer made a mistake, as no abuse of the disabled parking pass occurred. For example, if you were alone in a handicapped parking space, waiting for your disabled aunt to leave a shop so you could drive her home, you did not break any laws.
Crimes Related to Handicapped Parking Fraud
Illegally using a placard is a much more serious offense if it is believed to be a forgery. Under 4463(c) (VC), you can face an additional 6 months in jail and $1,000 in fines for using a counterfeit placard.
When police believe you are making forged placards, you can face similar penalties under 4463(b). If, however, your fraudulent placard features a counterfeit government seal, you could be charged with forgery of a government seal under California Penal Code section 472 (PC). Forging a seal can be a misdemeanor or felony and is punishable by up to 3 years in prison.
Many people accused of this charge attempt to convince police officers that they are not in violation of state disability placard laws. In doing so, they lie to the officers and can then be accused of providing false information to a peace officer, 31 (VC). This offense is punishable by up to 6 months in jail and $1,000 in fines.
Increasing Prosecutions
After a 2015 city report was released stating that 60% of disability placards are abused, the San Diego City Council decided to take action to help put a stop to the problem. As a result, both police and parking enforcement officers can now cite persons misusing disabled parking permits. This increased enforcement has continued since that time, with the San Diego Police Department issuing 3,480 citations in 2021, adding up to more than $1.5 million in fines.
If you have been accused of disability placard misuse in Vista, Peter M. Liss can help you fight these charges. Please call (760) 643-4050 to discuss your case during a free consultation.
