Home / Advice / Disabled Parking Defense (Neb. Rev. Stat. §18-1736 et seq.; §60-3,113)
ada defenseUnited States · Nebraska (Statewide)Difficulty: Easy

Disabled Parking Defense (Neb. Rev. Stat. §18-1736 et seq.; §60-3,113)

Nebraska's disability parking law spans Neb. Rev. Stat. §18-1736 (handicapped parking ordinances) and §60-3,113 through §60-3,123 (placards/plates issued by DMV). Defenses: (1) Valid placard displayed but glare obscured visibility; (2) Out-of-state placard reciprocal under §60-3,122; (3) Disabled plate on rear bumper while officer only checked dashboard; (4) Caregiver transporting placard-holder; (5) Temporary placard issued by physician within 6 months. Nebraska DMV placard verification database accessible to officers.

Legal basis

Neb. Rev. Stat. §18-1736 (handicapped parking); §60-3,113 to §60-3,123 (placards); §60-3,122 (reciprocity); 28 CFR §35

Sample appeal wording

TO: [Municipal Court] RE: Citation #[NUMBER] - Disabled Parking Defense Dear Hearing Officer, I contest citation #[NUMBER] under Neb. Rev. Stat. §60-3,113 and §60-3,122. My vehicle was lawfully parked because: [A] Valid Nebraska disability placard #[NUMBER] issued by DMV on [DATE] was displayed. [B] My vehicle bears Nebraska disabled license plate #[PLATE] - proof of disability under §60-3,113. [C] I am a qualified caregiver transporting [NAME], placard-holder. [D] My vehicle displayed a valid out-of-state disability placard from [STATE]. Under §60-3,122, Nebraska honors all U.S. credentials. Under Nebraska law and ADA Title II, denial of accessible parking to a qualified individual is unlawful discrimination. Attached: placard photo, DMV record. Sincerely, [NAME]

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

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Sources

  • Neb. Rev. Stat. §18-1736
  • Neb. Rev. Stat. §60-3,113
  • Neb. Rev. Stat. §60-3,122 (reciprocity)
  • 28 CFR §35

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