How long does an officer need to see you illegally parked in handicapped spot to issue citation?

UPDATED: Sep 30, 2022

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How long does an officer need to see you illegally parked in handicapped spot to issue citation?

There were no other spots when I pulled into our private kitchen. We do not have any

customers so I was not preventing anyone with disabilities from coming into our kitchen to

cook. I went to pick up some food and was in and out within 5 minutes. The officer or who

looked to be a volunteer, told me to wait and she handed me a $500 citation. The parking spot does have a handicapped sign on the building in front of the spot but no sign on the actual parking spot itself, except the symbol on the cement. Also, there is not the additional 5 feet I thought was required to be a legal van accessible handicap parking spot. It is the same size as a normal parking spot. What, if any, are the legal requirements the officer must abide by to issue a citation if it’s less than 5 minutes.

Asked on May 2, 2016 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

ANY illegal parking, even for a minute or less, can subject you to a ticket and fine. There is no "grace period" for parking in a handicapped spot: parking there for even, as you indicate, 5 minutes makes you subject to the penalties.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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