Home / Advice / CRS 42-4-1208(8) — Valid Placard / Identification Card Defense
ada defenseUnited States · Colorado (Statewide — ADA)Difficulty: Easy

CRS 42-4-1208(8) — Valid Placard / Identification Card Defense

CRS 42-4-1208 governs disability parking. Subsection (8) provides that a person charged with parking in a designated disability space without proper plate/placard 'shall not be convicted' if the person produces a valid placard or identification card, plus a perjury statement that it was issued to the operator or a person being transported. The defense is absolute — it operates regardless of whether the placard was actually displayed at the time. CRS 42-4-1208(7) prohibits parking in the access aisle and carries fines from $350-$1,000+ but the same defense applies if a valid placard existed.

Legal basis

CRS 42-4-1208; CRS 42-3-204

Sample appeal wording

[ISSUING JURISDICTION / COURT] RE: Citation [#] — CRS 42-4-1208 DECLARATION UNDER PENALTY OF PERJURY (CRS 18-8-503): I declare under penalty of perjury that the placard / disability identification card attached as Exhibit A was valid on [DATE] and was issued under CRS 42-3-204 to me [or the person being transported]. Under CRS 42-4-1208(8) I therefore SHALL NOT be convicted. Dismissal is required. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • CRS 42-4-1208
  • CRS 42-3-204

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