Vehicle Code § 4461, Malibu Starbucks, Office Hearing
Our client, age 44, who is not disabled, was observed parking in a clearly marked disabled person parking spot at Starbucks in Malibu. The client displayed a blue disabled person parking placard that he had inadvertently obtained when a valet mistakenly left the placard in his car.
Our client had just returned from emerged from the ocean, where he was surfing, and was wearing a bathing suit, flip flops and a t-shirt. His hair was still moderately wet from the ocean. He certainly was not disabled and a Malibu Police Officer observing this confronted our client as he was leaving the Starbucks with his coffee in hand.
The client apologized and explained that the handicapped parking permit was left in his car by a valet.
The officer issued our client a ticket for violation of California Vehicle Code § 4461, misuse of a disabled person parking permit and took the client’s disabled person parking placard. Our client signed a promise to appear in the Van Nuys Courthouse in about three months.
Once the client returned home, he scoured the Internet to understand better what the penalty was for violation of § 4461 and decide how he should proceed.
The Client had a criminal history from over 20 years ago, but nothing involving fraud or dishonesty. That past experience, which involved a significant felony with many charges, taught him that having an experienced criminal defense attorney is wise, as criminal law and criminal procedures in court can be complicated.
The client then called Greg Hill & Associates and spoke with Greg about the ticket. He described what happened and his concerns. He understood that this case was problematic for him because a crime of dishonesty like this matter could reflect poorly upon his integrity.
He also understood that a conviction could stigmatize him, as well, as engaging in identity theft and or fraud, as he is not disabled.
Moreover, if the fact was revealed that he was using the disabled parking permit, this very well could be misinterpreted for more than what actually took place. At its fundamental level, the crime suggests dishonesty and poor judgment and / or lack of empathy for those who are disabled.
Greg explained his experience in handling such cases and how such cases are commonly handled at the Van Nuys Courthouse.
Greg explained how many of these matters, in the past, have been referred to the Neighborhood Justice Program, or NJP, or an office hearing in lieu of filing the case. So Greg explained how he would prepare a letter to the Los Angeles City Attorney’s Office suggesting that the matter be referred to the NJP or an office hearing.
The same letter would request a copy of the police report, body-cam video(s) and any recording of 911 calls associated with the police activity surrounding the ticket.
Our office would then appear in the Van Nuys Superior Court if the case was actually filed and the client was not referred to the NJP or an office hearing.
The client then retained Greg Hill & Associates and our office prepared the aforementioned letters.
However, as the arraignment date approached, our office and the client had received no referral to the NJP or an office hearing, so Greg appeared in the Van Nuys Superior Court for the arraignment on the date assigned by the police when issuing the ticket.
Greg was surprised to see that no case had been filed, so he went to the Los Angeles City Attorney’s office, as well as the Los Angeles County District Attorney’s office at the courthouse to confirm this.
After actually receiving a “DA Reject” number for our client’s case, our office was advised that the matter was being referred to the NJP. The client was happy with this, but as Greg explained to him, this seemed odd. Usually, if the matter is regarded as a “DA Reject,” the case is not referred to any pre-filing diversion program.
Nonetheless, the client was certainly relieved not to face a criminal case and the associated risk of a conviction, or at least have to perform community service under judicial diversion, if granted. Instead, the matter would be resolved through the NJP, which was far less painful and, more importantly, there would be no public record of the violation.
For more information about misuse of a handicapped person parking placard, please click on the following articles:
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