§ 4461 CVC – Misuse of Handicap Placards or License Plates

Vehicle Code § 4461 VC makes it a crime to misuse a handicap disability parking placard or license plate. The offense is also referred to as “handicapped parking fraud.” A conviction can be an infraction or a misdemeanor and carries a penalty of up to 6 months in jail and a fine of up to $1000.00.

Officers may write this citation as VC 4461 or 4461 CVC.

VC 4461 prohibits misuse of a disability parking placard or license by way of:

1. Lending it to some else or knowingly allowing someone else to use it;¹
2. Displaying a disabled placard or plates that:
   • have been canceled or revoked, or
   • were issued to someone else;² or
3. Parking in a designated disabled parking space if you are not disabled.³

Exception: transporting the disabled person

Under Vehicle Code 4461 CVC you may use a disabled placard or plates issued to someone else:

• While in the presence or reasonable proximity of the disabled person to whom it was issued,
• For the purpose of transporting the disabled person.⁴

Example: Irene is an elderly woman with diabetes. She no longer drives due to diabetic nerve damage and neuropathy in her feet. But Irene is socially active and likes to go to the movies with her friends. She gets a disabled person placard. Irene’s friends can use it to park in handicapped spots when Irene is with them so that Irene doesn’t have to walk very far.

Penalties for handicapped parking fraud

Misuse of a disabled parking placard is a wobbler offense. This means Vehicle Code 4461 can be punished as either:

• A non-criminal infraction with a civil fine of between $250 and $1,000, or
• A misdemeanor crime, with potential penalties of:
  • Up to six (6) months in county jail, and/or
  • A criminal fine of between $250 and $1,000.⁵

Legal defenses

Common legal defenses to Vehicle Code 4461 can include taking the position that:

• You did not knowingly let someone else use your disabled placard;
• You did know the placard had been canceled; and/or
• You were transporting a disabled person at the time of the alleged offense.

In order to help you better understand the law, our California criminal defense lawyers will discuss the following:

• 1. What is misuse of a disabled person placard under VC 4461?
  • 1.1. Letting someone else use a disabled placard or plates
  • 1.2. Displaying an invalid placard
  • 1.3. Wrongfully parking in a handicapped spot
• 2. Can I go to jail for misusing a handicap placard?
  • 2.1. Is a violation of California 4461 a crime?
  • 2.2. Civil fines
  • 2.3. Criminal penalties
  • 2.4. Additional fines
• 3. What are the best defenses to the charge?
  • 3.1. Lack of knowledge
  • 3.2. No actual misuse
• 4. About DP placards and plates
  • 4.1. What is a disabled person placard?
  • 4.2. What types of handicapped placards are available?
  • 4.3. What are DP license plates?
  • 4.4. Disabled veteran license plates
  • 4.5. Who can use handicapped parking privileges?
  • 4.6. When am I considered disabled?
  • 4.7. Where can handicapped people legally park in California?
  • 4.8. How to obtain handicapped parking privileges in California
  • 4.9. Who can certify a disability?
  • 4.10. Can I use an out-of-state disability placard or license plates in California?
• 5. Related offenses to Vehicle Code 4461
  • 5.1. Vehicle Code 4463(b) – forging or falsifying a DP placard
  • 5.2. Vehicle Code 4463(c) – displaying a counterfeit DP placard
  • 5.3. Penal Code 472 — forgery of a public seal*
  • 5.4. Vehicle Code 31 – providing false information to a peace officer
  • 5.5. Service dog fraud

1. What is misuse of a disabled person placard under VC 4461?

California Vehicle Code 4461 prohibits you from wrongfully using someone else’s disabled parking placard or license plates. VC 4461 sets forth three distinct types of handicapped parking fraud:

1. Letting someone else use disabled placards or plates,
2. Using someone else’s placard or an invalid placard, or
3. Wrongfully parking in a handicapped parking space.

Let’s take a closer look at each of these offenses.

1.1. Letting someone else use a disabled placard or plates

California Vehicle Code 4461(b) makes it a crime to:

• Lend another person a disabled parking placard, or
• Knowingly let someone else use it.

Example: Sadie and her elderly mother Ruth live next door to each other. Ruth is almost blind and has a disabled person placard for when Sadie drives her somewhere.But Sadie sometimes runs errands for Ruth while Ruth stays at home. And when she does, she often borrows Ruth’s placard.

Even though she is running errands for a disabled person, this is a misuse of the placard by Sadie. And if Ruth knowingly lets her do it, it is also a misuse of the placard by Ruth.

1.2. Displaying an invalid placard

Vehicle Code 4461(c) prohibits displaying a parking placard in your vehicle if:

1. It was issued to someone else (unless you are transporting that person), or
2. It has been canceled or has been revoked.⁶

Note that you do not need to be in a disabled parking spot to be guilty under VC 4461(c). Just displaying the placard on your car is sufficient for a conviction.⁷

Example: Juan’s father has a disability placard. When Juan’s father dies, the DMV cancels it.Juan then hangs the expired placard on his rearview mirror of his car to remind him of his Dad. Unfortunately, this is misuse of a disabled placard — even though Juan has not been using it to park in disabled spots.

1.3. Wrongfully parking in a handicapped spot

Vehicle Code 4461 (d) makes it unlawful to park in a handicapped parking spot if:

1. The vehicle has DP plates that were issued to someone else, and
2. You are not transporting a disabled person.

Example: Morris and Eva are married. Morris has a neurological disorder that restricts his mobility. His car displays a disabled license plate; Eva’s car does not.Whenever Eva drives to the downtown area of their city, where parking is hard to find, she makes a point of taking Morris’s car and using it to park in disabled spots. Eva does this even when Morris is not coming with her.

Eva is guilty of misuse of a disabled plate.

BUT

Example: Eva and Morris drive to a restaurant together in Morris’s car (which has a DP Plate).

Eva drops Morris off right in front of the restaurant entrance so he doesn’t have to walk at all. Then she drives to the parking lot behind the restaurant and parks the car in a disabled stall.

Eva is NOT guilty of illegal use of a disabled plate because she was using the car to transport a disabled person (Morris).

2. Can I go to jail for misusing a handicap placard?

2.1. Is a violation of California 4461 a crime?

Fraudulent disability placards is a California “wobblette” offense. This means it can be punished as either:

• A civil infraction (similar to a parking ticket),⁸ or
• A criminal misdemeanor.⁹

Whether you will be criminally prosecuted is within the prosecutor’s discretion.¹⁰

Factors that may influence the decision include:

• The severity of the violation, and
• Whether you have a history of similar or other violations.

2.2. Civil fines

Vehicle Code 4461 is often punished as a civil infraction. Infractions are offenses punishable by a fine only.¹¹

The minimum civil fine for misuse of a disabled placard is two hundred fifty dollars ($250). The maximum is one thousand dollars ($1,000).¹²

If you do not pay the fine, you can be charged with the crime of failure to appear or pay for a traffic citation.¹³

2.3. Criminal penalties

Misuse of handicapped tags or plates can be charged as a misdemeanor under California Vehicle Code 4461. When charged as a misdemeanor, potential penalties for VC 4461 can include:

• Up to 6 months in county jail; and/or
• A fine of between $250 and $1,000.¹⁴

Or you might be sentenced to misdemeanor (summary) probation.¹⁵

If you are sentenced to probation, you may have to pay a fine and/or perform community service or attend counseling.

2.4. Additional fines

Regardless of whether VC 4461 is charged as a misdemeanor or an infraction, the court may order payment of an additional fine of up to $1,500.¹⁶

This fine will usually be imposed if you misuse a placard or plates to park in a handicapped spot or zone. It is less likely to be imposed if you wrongfully allow another person to use your DP tags or plates.

Cities and counties also have the right to add an additional penalty of up to one $100.¹⁷

3. What are the best defenses to the charge?

Legal defenses to misuse of a handicapped placard or plates fall into two general categories:

1. Lack of knowledge, and/or
2. No actual misuse because you were transporting a disabled person.

Let’s take a closer look at these two defenses

3.1. Lack of knowledge

You are not guilty under VC 4461 of letting someone else use your handicapped placard or plate unless you knowingly allowed it.

If a placard was taken without your permission, you are not guilty under VC 4461.

As Santa Clarita criminal defense attorney John Murray¹⁸ explains:

“If a family member, friend or acquaintance was used your disabled placard illegally, an overzealous DMV investigator may want to charge you too.

But you cannot be punished just for not keeping close enough track of your placard. You must actually have given it to the other person for a reason other than to transport you.”

3.2. No actual misuse

Parking in a handicapped spot is not a violation of VC 4461 if:

1. The person to whom the placard or plates was issued is in the car or in near proximity, and
2. You were transporting that person.

The person with the disability does not need to be in the car in order for this to be a legitimate act.

Example: Ed, a former soldier, lost his leg in an explosion in Afghanistan. Ed applied for and received disabled veteran plates for his car. Ed’s friends and family can then drive Ed’s car when they do things together.

One day Ed’s daughter, Lois, takes Ed to a doctor’s appointment. She drops him in front of the building and then goes to park the car. A cop sees Lois get out of the car with no apparent disability. The cop issues a ticket.

But because Lois was transporting Ed, to whom the plates were issued, and Ed is nearby, Lois is not guilty.

4. About DP placards and plates

4.1. What is a disabled person placard?

A disabled person placard (“DP placard”) is a large blue tag that hangs on a disabled person’s rearview mirror. Also known as a “handicapped parking placard,” it contains a wheelchair symbol (officially called the “International Symbol of Access”).¹⁹

4.2. What types of handicapped placards are available?

The California Department of Motor Vehicles issues the following types of DP placards:

• Permanent parking placard.

A permanent placard is available if you have a permanent disability.²⁰ It is valid for two years and expires on June 30 of every odd-numbered year.

There is no fee for a permanent DP placard. Once issued, recertification by a medical professional is not required and it does not need to be renewed. The DMV will automatically mail a new placard to the address it has on file.

• Temporary parking.

If you have temporary disabilities, you can get a temporary DP placard for up to six months.²¹ It expires on the earlier of:

• The date noted by the certifying medical professional on the application, or
• 6 months from the date on which it is issued.

There is a nominal fee (currently $6.00) for the application.²² This card can be renewed up to 6 consecutive times.²³

• Travel parking placard for California residents

If you are a California resident who already has a permanent DP parking placard or license plate, you can also obtain a no-cost travel parking placard, good for 30 days from issuance.²⁴

These are especially useful when traveling within the state in someone else’s car or when renting a car within California.

• Travel parking placard for nonresidents

If you are a non-California resident with a permanent disability, you can obtain a travel placard for use within California at no charge. The placard is good until the earlier of:

• 90 days from issuance, or
• The date noted by the certifying medical professional on the application.

4.3. What are DP license plates?

California disabled parking license plates (“DP plates”) work the same as a permanent disability placard. Though unlike a placard they can only be used in one vehicle, which must be registered to:

• A person with a permanent disability,²⁵ or
• An organization or agency involved in the transportation of disabled persons or disabled veterans.²⁶

4.4. Disabled veteran license plates

The California DMV also issues disabled veteran license plates (“DV plates”). A veteran qualifies for DV plates if they

1. Became disabled while on active service with the U.S. Armed Forces, and
2. The veteran either:

• Has a 100% disability rating;
• Has lost, or lost the use of, one or more limbs; or
• Is permanently blind.²⁷

“Blindness” means

• Not having more than 20/200 central visual acuity in the better eye after correction, or
• Visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.²

4.5. Who can use handicapped parking privileges?

You can use California DP placards and plates if you are:

• a disabled individual, or
• a person who is transporting the disabled individual.²⁹

Note that handicapped parking plates and tags may not be used by anyone else for any reason – not even by someone else who is also disabled.

4.6. When am I considered disabled?

The California DMV considers you disabled if you have one or more of the following conditions:

• Loss of, or significant limitation in the use of, one or more lower extremities;
• Loss of both hands;
• A diagnosed disease that substantially impairs or interferes with mobility;
• A severe disability that prevents you from moving without the aid of an assistive device;
• Serious vision problems such as loss of visual acuity or field of vision;
• Serious lung disease; and/or
• Serious heart disease.³⁰

4.7. Where can handicapped people legally park in California?

In addition to regular parking spaces, DP placards and DP plates allow you to park:

• In parking spaces with the International Symbol of Access (wheelchair symbol).
• Next to a blue curb authorized for persons with disabilities parking.
• Next to a green curb (limited time parking) with no time limitation.
• In an on-street metered parking space at no charge.
• In an area that otherwise requires a resident or merchant permit.

Full-service gas stations must also refuel the vehicle at self-service rates unless there is only one employee on duty.

No use where parking is prohibited

Disabled person parking privileges do NOT allow people to park:

• In the “crosshatched” areas next to handicapped parking spaces (wheelchair and wheelchair lift access areas);
• Next to red curbs (no stopping, standing, or parking).
• Next to yellow curbs (commercial vehicle loading and unloading area), or
• Next to white curbs (for passenger loading/unloading or dropping mail in an adjacent mailbox).

4.8. How to obtain handicapped parking privileges in California

Disability placards and plates can be obtained by filing a California DMV Form REG 195 Application for Disabled Person or Plates.

The certification section of the application must also be signed by:

• A medical professional, or,
• In the case of a disabled veteran, the Department of Veterans Affairs.

4.9. Who can certify a disability?

Medical professionals who can certify a disability are:

• A licensed physician, surgeon, physician assistant, nurse practitioner, or a certified nurse-midwife with knowledge of the disease and/or disability.
• A licensed chiropractor (if you lost the use of one or both lower extremities or you have a significant limitation in the use of your lower extremities); or
• A licensed optometrist, physician or surgeon who specializes in diseases of the eye.³¹

You do NOT need a medical certification if:

• You lost a lower extremity or both hands and apply for the placard or plates in person at the DMV;
• You already have a permanent DP placard or DP plates and are applying for the other one; or
• You are a veteran with certification from the United States Department of Veterans Affairs stating that you are a disabled veteran.

4.10. Can I use an out-of-state disability placard or license plates in California?

Under California law, out-of-state disabled placards and license plates are valid to the same extent as ones issued by the California DMV.³²

If you do not have either, you can also obtain a temporary travel placard at no cost from the California DMV. This might be desirable if:

• You do not drive at home (for instance because you live somewhere with good public transportation), or
• You have disabled plates but are not bringing your car to California.

A temporary travel placard can be issued for a maximum of 90 days. Otherwise, the requirements are the same as for any other temporary DP placard, including certification by a medical professional.³³

5. Related offenses to Vehicle Code 4461

Misuse of a disabled placard is often charged along with —or instead of—one or more related California offenses. Offenses related to VC 4461 include:

5.1. Vehicle Code 4463(b) – forging or falsifying a DP placard

Vehicle Code 4463(b) VC is California’s law against forging a DP placard. VC 4463(b) makes it a misdemeanor to:

• Forge, counterfeit, or falsify a disabled person placard; or
• Knowingly pass off (or attempt to pass off) as genuine a false, forged or counterfeit disabled person placard; or
• Acquire, possess, sell or offer to sell a counterfeit DP placard.³⁴

Violation of Vehicle Code 4463(b) carries a possible sentence of:

• Up to six (6) months in county jail, and/or
• A fine of between $500 and $1,000.³⁵

Unlike the penalties for some misdemeanors, the penalties for VC 4463(b) may not be suspended.³⁶

5.2. Vehicle Code 4463(c) – displaying a counterfeit DP placard

California Vehicle Code 4463(c) makes it unlawful to display or permit the display of a counterfeit disabled placard with intent to commit a fraud.

VC 4463(c) is a California “wobblette” offense. It can be charged as either a misdemeanor or a non-criminal infraction.

As a misdemeanor, Vehicle Code 4463(c) carries possible consequences of:

• Up to 6 months in county jail, and/or
• A criminal fine of between $250 and $1,000.³⁷

As an infraction, VC 4463(c) can be punished by a civil fine of $250 to $1,000.³⁸

5.3. Penal Code 472 – forgery of a public seal

If you commit handicapped parking fraud, you may also be charged with forgery of a public seal, Penal Code 472.

This law makes it a crime to:

1. Possess and “willfully conceal” a counterfeit seal of a government entity,
2. With the intent to use it to commit fraud.³⁹

Forgery of a public seal is a California “wobbler” offense.⁴⁰ This means it can be charged as either a misdemeanor or a felony.

As a misdemeanor, PC 472 can be punished by:

• Up to one year in county jail, and/or
• A fine of up to $1,000.⁴¹

As a felony, forgery of a counterfeit seal includes potential penalties of:

• 16 months, two years or three years in the California state prison, and/or
• A fine of up to $10,000.⁴²

5.4. Vehicle Code 31 – providing false information to a peace officer

Vehicle Code 31 VC defines the crime of giving false information to a peace officer in California.

You might be charged with VC 31 for lying to the police about who really owns a DP placard or DP plates.

Giving false information to a peace/police officer is a misdemeanor in California.⁴³ It can be punished by:

• Up to 6 months in county jail, and/or
• A fine of up to $1,000.⁴⁴

5.5. Service dog fraud

Penal Code 365.7 PC is California’s law on service dog fraud. PC 365.7 makes it a crime to knowingly and falsely represent yourself as the owner or trainer of a licensed guide, signal, or service dog.⁴⁵

Service dog fraud is a misdemeanor.⁴⁶ It carries potential penalties of:

• Up to 6 months in county jail, and/or
• A fine of up to $1,000).⁴⁷

For more help…

If you have been charged with Vehicle Code 4461 we invite you to contact us for a consultation.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Our Las Vegas and Reno offices can also help people charged with “parking in a handicapped space” in Nevada (NRS 484B.467).

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