858-429-9982 858-429-9982
  1. Mark Deniz has been a member of the California State bar for over 11 years.

    Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  2. Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

    Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

  3. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

    Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

101 on San Diego Handicap Placard Violations VC 4461(a)

Many people who are cited for this charge find themselves heading court for the first time.  It is a misdemeanor.  Most people say, "is it really a misdemeanor"?  The answer is yes, the prosecution takes these cases seriously.  However, if you are proactive you give yourself the best chance to effectively deal with it.

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Our firm devoted a whole section of this on my website because it is so prevalent in San Diego. The people who are accused of this is usually good people who made a genuine mistake.

Handicap Placard Violations

You can be proactive and at minimum to mitigate the sanction. Take a look at the law. If you do find yourself accused of this charge contact or office immediately for a free consultation.

Be safe...and it may be worth the time and walk to not use the handicap placard.

For any driver that has ever pulled into a handicap spot without a placard or permit and been caught by a law enforcement officer, you know just how seriously California takes these laws. San Diego has a variety of events throughout the year that allow vehicles with placards go to an assigned parking area.

However, people make honest mistakes and forget they have the placard and had no intention of using it to obtain a better parking spot. In an era where families assist elderly persons who may be assigned the placard with more frequency, the use of the placard may be an oversight. Any violations that involve the illegal use, selling, theft, or forgery of handicap placards involve some of the largest penalties that can be incurred in a vehicle. In fact, some of the fines and jail time can meet or exceed that of DUIs or other forms of dangerous conduct. This is why the Law Offices of Mark Deniz believes that every driver should be made aware of the traffic code surrounding handicap spots, handicap placards, and their uses.

Handicap placards and permits are issued by the DMV and are very important legal items. Drivers may receive them for any number of conditions including arthritis, blood pressure issues, respiratory complications, or any problems with mobility. Attorney Mark Deniz has seen hundreds of cases where there have been a variety of issues. The laws concerning use of handicap placards are very strict and something that all drivers should understand. This is especially true for non-handicapped drivers that may be using the vehicle of a handicapped friend or relative.

There is only one instance in which a non-handicapped driver may use a handicapped placard to park in a specially designated spot in San Diego. This can only be done while transporting a disabled person. At no point can these placards be lent, bought, sold, or copied by another party. The only time that the handicapped placard may be used without the handicapped individual in the car is if the driver dropped them off before making their way to a parking spot.

Any illegal or misuse of these placards is considered to be fraud and comes with all of the penalties associated with fraud. Minimum fines begin at $250 but can go all the way up to $1,000 for a single offense. Drivers may also be imprisoned for up to six months in jail.

The Law Offices of Mark Deniz is here to help drivers that have been charged with handicap placard violations in San Diego. Call (858) 751-4384.

Here is a recent article about the issue in the local news.

Disabled placards are meant to help California drivers with legitimate disabilities. But, all too often, people use them illegally; like at San Diego Chargers home games, for example.

The CBS News 8 Crimefighters videotaped a recent San Diego Police Department crackdown at Qualcomm Stadium on disabled placard abuse.

It normally costs $25 to park at the stadium for Chargers games. Vehicles with disabled placards hanging in the windshield, however, get in for free; provided, of course, the placard is legally registered to somebody inside the vehicle.

"You would think that we would get the young adult using either their parent's or grandparent's placard, but we have grandparents using their grandchild's handicapped placard," said SDPD Sgt. Dan Hollister.

It's the same at every Chargers home game. SDPD motorcycle officers stop vehicles after the driver has already used the placard to get into the parking lot for free.

Officers then run a check to make sure the person who owns the disabled placard is actually inside the vehicle. If not, the driver gets nailed with a citation and fine of up to $1,000.

"It's a way for them to get a parking space they do not deserve and also to get into the parking lot for free," said Sgt. Hollister.

After issuing a citation, officers confiscate the disabled placard, which means the legitimate owner has to reapply for a new one.

The vehicle is then escorted out of the stadium parking lot, so the driver has to wait in line and pay the $25 parking fee to get back in.

Over the course of one day, six SDPD officers wrote 28 disabled placard citations; about $28,000 worth of tickets.

VC 4461(a)

A person shall not lend a certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, and a person shall not knowingly permit its use by one not entitled to it.

(b) A person to whom a disabled person placard has been issued shall not lend the placard to another person, and a disabled person shall not knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person. A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.

(c) Except for the purpose of transporting a disabled person as specified in subdivision (b), a person shall not display a disabled person placard that was not issued to him or her or that has been canceled or revoked pursuant to Section 22511.6. A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.

(d) Notwithstanding subdivisions (a), (b), and (c), a person using a vehicle displaying a special identification license plate issued to another pursuant to Section 5007 shall not park in those parking stalls or spaces designated for disabled persons pursuant to Section 22511.7 or 22511.8, unless transporting a disabled person. A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.

(e) For the purposes of subdivisions (b) and (c), "disabled person placard" means a placard issued pursuant to Section 22511.55 or 22511.59. 4461.3. In addition to any fine imposed for conviction of a violation of Section 4461 or 22507.8, a city or county may adopt an ordinance or resolution to assess an additional penalty of one hundred dollars ($100). All revenue generated from imposition of the penalty shall be used specifically for the purpose of improving enforcement of the provisions of this code relating to disabled parking spaces and placards within the city or county. Revenue generated from imposition of the penalty may not be used to supplant funds used for other general parking enforcement purposes, but may be used to offset the cost of establishing a new disabled parking enforcement program.

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