Disabled Parking Defense (K.S.A. §8-1,124 et seq.)
Kansas law (K.S.A. §8-1,124 through §8-1,130) governs disability parking placards and plates. K.S.A. §8-1,130 specifies penalties for misuse but also recognizes valid placard/plate as complete defense. Common defenses: (1) Valid placard displayed but glare obscured visibility; (2) Out-of-state placard reciprocal under K.S.A. §8-1,128; (3) Disabled plate on rear bumper while officer only checked dash; (4) Caregiver transporting placard-holder; (5) Temporary placard issued by physician within 6 months. Kansas Department of Revenue maintains placard verification database accessible to officers.
Legal basis
K.S.A. §8-1,124 (definitions); K.S.A. §8-1,125 (placards); K.S.A. §8-1,128 (reciprocity); K.S.A. §8-1,130 (penalties); 28 CFR §35 (ADA Title II)
Sample appeal wording
TO: [Municipal Court] RE: Citation #[CITATION_NUMBER] - Disabled Parking Defense Dear Hearing Officer, I contest citation #[CITATION_NUMBER] under K.S.A. §8-1,125 and §8-1,128. At the time of citation, my vehicle was lawfully parked because: [A] Valid Kansas disability placard #[NUMBER] issued by KDR on [DATE] was displayed on the rearview mirror. [B] My vehicle bears Kansas disabled license plate #[PLATE] - proof of disability under K.S.A. §8-1,125. [C] I am a qualified caregiver transporting [NAME], holder of placard #[NUMBER]. [D] My vehicle displayed a valid out-of-state disability placard from [STATE]. Under K.S.A. §8-1,128, Kansas honors all U.S. state disability credentials. Under Kansas law and Title II of the ADA, denial of accessible parking to a qualified individual is unlawful discrimination. Attached: placard photo, KDR issuance record. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §8-1,124 et seq.
- K.S.A. §8-1,128 (reciprocity)
- K.S.A. §8-1,130 (penalties)
- 28 CFR §35