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I Wonder: Why no fine for trooper who parked in handicap spot?

I Wonder: Why no fine for trooper who parked in handicap spot?

Credit: Ricky Fain

A Washington State Patrol car was spotted parked in a handicap space in Oak Harbor, Wash. on Monday, March 21, 2011.

by TRAVIS PITTMAN / KING 5 News

KING5.com

Posted on March 24, 2011 at 4:00 AM

Updated Thursday, Mar 24 at 2:46 PM

Many of you who saw our story about a Washington state trooper who was caught parking in a handicap spot are asking the same question:

Why isn't the trooper required to pay the $250 fine anyone else would have to pay if they were caught doing the same thing?

A citizen spotted the illegally parked patrol car outside an Oak Harbor strip mall Monday and snapped a photo.

The trooper has taken full responsibility for what happened, Washington State Patrol spokesman Sgt. J.J. Gunderson said, but he won't be fined.

Why not? Because the state patrol, instead, is using an intensive internal review process that, as Gundermann alludes to, will not be pleasant for the trooper.

"If you polled most troopers, they would rather pay the fine than deal with our internal process," said Gundermann. "It's not just a slap on the wrist."

Several commenters on our original story let their frustration be known.

"is (sic) he above the law?" wrote ginas.

"He should pay the fine and get chewed out to boot. Follow the law," wrote lovewashington.

"Looks like he is above the law to me," wrote dede1978.

Gundermann insists that is not the case.

"We're not above the law," said Gundermann, adding, "We're embarrassed. This situation is not fun."

But in this case, the law just might be on the trooper's side.

"if (sic) someone took a picture of your car and showed it to police they would NOT be able to write a citation to you without witnessing it themselves," commenter logic14 wrote.

That assessment appears to be backed up by RCW 46.63.030 which, among other things, says an officer has the authority to issue a ticket "when the infraction is committed in the officer's presence." While the law also says infractions can be issued if caught on a photo enforcement system or a traffic safety camera, it says nothing about a photo provided by a citizen.

In addition, RCW 46.63.140 indicates that if a fine were to be given, it would go to the registered owner of the vehicle, not the driver.

If you have a question you'd like the KING5.com staff to try answering, send it to iwonder@king5.com.  Please include your first name and where you are writing from so we can post it with your question. We will not post your last name or any other personal information.

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Comments: Displaying 1 - 15 of 49

xxx87 said on April 11, 2011 at 5:44 PM

The trooper should be fined but they should also start fining everyone who parks in handicapped spaces. Go to any Wal-Mart or any other store and watch how many people park in handicapped parking and easily walk into the store. If the fine is $250, think how much revenue the state could get just by enforcing the existing law!

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jiminycricket said on March 25, 2011 at 6:52 AM

Oh, whoop-dee-freakin'-doo. These people put their very lives on the line every single day to protect us, and we're going to make a federal case out of one of them parking in a handicapped zone? No, they're not above the law. Yes, they should pay a fine. Now shut up and be grateful for what they do.

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oakharbor said on March 24, 2011 at 11:43 PM

Why don't you publish the name of the Washington State Patrolman instead of saying "he" all the time? Post his picture too. A law is for everyone. An ordinary person won't get any leniency from these so called police anyways. They are so eager to issue tickets as if they can't make a mistake. It's time for the citizens to get together and ask for a review of this police officer. Maybe this is not the only offense he has done. Why do we have a Washington State Patrolman in Oak Harbor, Washington if there are already City Police?

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Calli said on March 24, 2011 at 10:58 PM

I have the perfect solution then, the officer issues himself the infraction notice, since he witnessed the infraction. If he does that, all is well and done, but I bet he doesn't have the cojones to do it.

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Family_Man said on March 24, 2011 at 8:58 PM

I personally don't think there even needs to be any "internal review" what ever that means. I think he should have to pay the fine and be done with it. The embarassment is enough of an internal thing as it is. He doesn't need to be repremanded and certainly not fired as some have said - thats crazy. Just pay the fine already. And it was done in front of other officers so it wouldn't be just based on the photo.

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logic14 said on March 24, 2011 at 6:52 PM

If a ticket was issued it would be thrown out of court just as the story states for you that are unable to read correctly. Number two if the handicap emblem wasn't painted on the ground in front of the stall as well as the sign it is not a validly marked handicap spot. These are the same laws that all the other people use, yes you, to get out of your speeding tickets, fail to signal, and DUI arrests. The internal investigation will deprive that trooper of possible promotion, specialty jobs, and training that the trooper would want.

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Deeiam said on March 24, 2011 at 6:00 PM

The original article stated " the trooper and two other patrolmen sat inside and out of Starbucks for at least 20 minutes." IMO he should be cited, counseled, and the others that were with him should be counseled for failing to say anything to him.

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sailsman said on March 24, 2011 at 4:50 PM

What's to wonder?? The trooper obviously didn't pay a fine because there was no ticket issued. If someone would have issued a ticket, the trooper would probably have paid the ticket, just like anyone else. Why didn't the complainant call a cop, instead of expecting trial by media?? Get a life

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Swifty said on March 24, 2011 at 3:54 PM

Let me guess he will probably get a week of paid leave. OUCH that will hurt!!!

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rocketscience said on March 24, 2011 at 3:27 PM

Make him pay the fine AND the internal review. I simply don't trust the review process other than I expect a good internal chuckle and a 'slap on the wrist'. Pay up and be a man about it.

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gmanisland said on March 24, 2011 at 2:10 PM

I have lived in this town and went to school with JJ and the WSP will protect their own just like the sheriff department that is trying to cover up a sheriff deputy DUI.

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cabotville said on March 24, 2011 at 2:00 PM

Folks this Much to do About Nothing.............suppose the Officer parked in a normal space far away from the store. As an Officer he must be close to his vehicle, whether we like it or not. What's good for the Goose is Good for the Gander....well not in this case, Let it GO!

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bfailing21667331 said on March 24, 2011 at 1:20 PM

just another example of abuse of power

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smoocher1 said on March 24, 2011 at 12:13 PM

The infraction was committed in an officers presence...by the officer himself! Make him write his own ticket...make him show up in court and explain it to the judge and make him pay the fine just like the rest of us citizens!

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Ridge said on March 24, 2011 at 11:59 AM

Seems like another case of the WSP not being held to the same standards that they hold us to. This man (he doesn't have my respect enough for me to call him officer) should pay the fine and face a review. Any one of us who did that in a company vehicle would face no less.

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freedomfrank said on March 24, 2011 at 11:07 AM

Roadking,,, if you go to court and tell the judge that you parked in a handicapped spot by mistake do you think that would be a valid reason to have the ticket dismissed? Didn't think so,, I too have lived in Oak Harbor, not all my life but since 85 so quite a long time. What does that have to do with anything. A friend of mine got a ticket at a store in Oak Harbor because his wheels were touching the line of a handicapped space and he had to pay. The double standard is too hard to swallow. I'm an honest hard working tax paying citizen but I cant get out of tickets. Just recently I got one for not having a reflector on my motorcycle,,, on a bright sunny day this WSP steals my money because he doesn't think my reflector is good enough.

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Calypso850 said on March 24, 2011 at 10:59 AM

It's simple. He should write himself a ticket to avoid the controversy for his department. He obviously witnessed it. Even if the ticket would go to the Registered owner of the car he should still pay it. But I'm sure he regrets this FAR more than the average Joe who would have to just pay a $250 fine, not to mention the damage to his record.

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gregsalmon said on March 24, 2011 at 10:54 AM

Law Enforcement in this state and most others are exempt from title 46 during official duties? Yes, or no?

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julieceleste said on March 24, 2011 at 10:44 AM

Actually...........it's simple.........some people are above the law.

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nwhominid said on March 24, 2011 at 10:39 AM

Same as no fine for driving in HOV when single occupant...

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digiwave said on March 24, 2011 at 10:27 AM

Another blatant example of the "Culture of the Brotherhood!" The state patrol says it is using an intensive internal review process that will not be pleasant for the trooper. I can just see the "intensive internal review." They'll get together in some back room, maybe while smoking big fat cigars, and yuk it up over this incident.

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rationalthinkr said on March 24, 2011 at 10:22 AM

Regardless if this is a trooper or not, the issue is that anyone parks in a handicap spot for their convenience, because it is easy. Nearly every day, I see people who are not handicap (no placard or license plate notification) parking in handicap spots without the worry of being caught because its a low priority and when they are caught, they feign ignorance to get out of it. Those of you who have posted have probably been guilty of a certain infraction here and you act like this trooper is the enemy when you may have done the same thing out of convenience or laziness.

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mgchawkfan6421 said on March 24, 2011 at 10:12 AM

I had a retired TPD officer tell me that law enforcment is exempt from these types of laws??? Like talking on a cell phone while driving. I see cops do this all the time. Are they or aren't they? Can King5 find out? If they are not exempt from talking on their cell while driving, who gives them a ticket?

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livinglife said on March 24, 2011 at 10:09 AM

Roadking - There is no way it was a mistake! He backed into the spot, I think everybody else has already pointed that out. IF he was investigating a call he sure did take his precious time parking didn't he. Honest mistake or not he still parked their illegally, just because he is a cop does not make it legal. Was his lights on? no so it was illegal and he should have to pay the fine the same as anybody else. He should be setting an example and the WSP saying their law enforcement doesn't have to pay the fine but has inside punishment is not a good example. Nobody else can say it was a mistake and get away with it and only have to face inside punishment.

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bazwest said on March 24, 2011 at 9:47 AM

If he is on duty and could get called away at a moments notice to assist with an emergency or crime then he should be able to park at the closest possible point. I don't want him having a 3 minute job to his car halfway across the parking lot before he can respond. Incidentally, I know several people who have serious handicaps and they take pride in not having a handicap sticker and in using the regular parking even when they have to walk a fair distance. They don't want a government entitlement even in the form of a handicapped parking pass to define their lives for them. Why is it that so many people with handicaps wear their handicapped parking pass like it is a badge of honor? Just asking?

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banditrider said on March 24, 2011 at 9:36 AM

Read the RCW, a law enforcement officer has to be present and witness it himself. If not, people would be photoshopping cars of people they hate in these zones and there would be a real problem. However, bad judgement on the trooper's part. If I was him I would make a charitable donation for the amount of the ticket for goodwill purposes.

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heyjoe said on March 24, 2011 at 9:13 AM

Are you serious? Who cares about this. What if the officer was checking out a 911 call. What? Are you going to ask for an investigation over this? Get a life folks.

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firemantfd said on March 24, 2011 at 8:04 AM

Not intentional? Honest mistake? He backed in to the spot. He had to look directly at the sign to not hit it! Staters have no mercy out there. They would give their own Mother a ticket. He deserves to pay the fine like everyone else and what ever internal review they give.

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puyalluprox said on March 24, 2011 at 7:58 AM

Roadking....next time you get pulled over by WSP for speeding, tell them it was an honest mistake and you didn't speed intentionally. I'm sure they'll forget the whole thing.

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Roadking1 said on March 24, 2011 at 7:48 AM

If the person that snapped this pic. thinks this was intentional think again. I've lived in Oak Harbor all of my life and no of no officer, WSP or other, who would do this intentionally. I think it was an honest mistake. I hope Ricky Fain is such an outstanding citizen that he never finds himself in such a situation. Stay within the law Ricky!

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reed_icquless said on March 24, 2011 at 7:43 AM

MAKE HIM PAY THE FINE !! Pay the fine AND take the "terrible internal process" too. I'm sick and tired of seeing law ENFORCEMENT acting as if they themselves are ABOVE the law. Knock it off, PAY THE FINE !!

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anothertwocents said on March 24, 2011 at 7:41 AM

So a crime was committed in the presence of the other officers at this location, but yet ALL of them chose not to do anything about it? Why are they not getting the uncomfortable stern lectures and appropriate paperwork in their files as well? I'm tired of paying my hard earned money for things that just don't work. I live in an area where there are only 2 (two....yes that's TWO) officers on duty at one time. They cover an area of 700 square miles! Rarely are we able to get an officer to respond to the happenings in our area, because we are told repeatedly that there are only TWO officers on duty. We have a serious problem with drugs and reckless driving out here because there isn't enough law enforcement. Calling 911 is much like playing roulette, sometimes they show up, but most times they don't. OH and those TWO officers, they frequent the local coffee shop (half mile from my house) with other officers. Not unusual to find 6 to 8 patrol cars there. Makes me go hmmmmmm!

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kingster said on March 24, 2011 at 7:39 AM

Maybe we need a REFERENDUM. Tim, where are you ? We need to hold police accountable. If someone points out a crime by way of photo evidence, it should be lawful to issue a ticket unless they have diplomatic immunity. PERIOD.

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mazamamoose said on March 24, 2011 at 7:29 AM

And not one of the two other officers that he was having coffee with saw him parked directly in front of where they sat (or advised him to move his vehicle?)? Perhaps they should not be patrolmen if their vision and judgement is that clouded. I'm sure the ticket could be, and should have been, written on that basis alone. If nothing else, I would certainly respect the officer more if he stepped up and paid the fine (or donated the funds to a non-police charity).

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dkjamerican said on March 24, 2011 at 7:28 AM

Nothing new. We should be getting use to the double standards in this State. One for the common citizen and the other for law enforcement from police to judges.

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revolutionist said on March 24, 2011 at 7:24 AM

Not holding the officer publicly accountable for his actions, actions he admits that he performed, simply sends the wrong message to the community. The "terrible internal process" isn't something we (citizens) can verify or confirm - it is invidible to us. This officer admitted that he committed the infraction, he must pay the same cost as any other citizen - perhaps more. The constitution says we are all equal when it comes to law, it does not excuse anyone from this equality - not even enforcement officers.

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ex_bkr said on March 24, 2011 at 6:57 AM

snerk,,Tabitha, I disagree with your premise. Just because I cannot hit a 90 mph fastball isn't going to stop me from having an opinion on the Mariners lineup, no more than not being in a patrol car daily will stop me ( and others ) from having an opinion about this issue. Now,,,,,,,do I think he should be fired ?? No,,,,,,but he should get to pay the fine. In my ever so humble opinion. ALso in my ever so humble opinion,playing the "well until YOU put on a badge, you've nothing worthwhile to say ! " nonsense,,,,is,,well,,,,just that ,,,nonsense.

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msjoke said on March 24, 2011 at 6:54 AM

This is just disgusting and once again shows the abuse of power law inforcement has over us. I laugh whenever I see something like this: "The trooper has taken full responsibility for what happened, Washington State Patrol spokesman Sgt. J.J. Gunderson said, but he won't be fined." Excuse me, he has take full responsibility?? What does "has taken full responsibility mean"? That term is soooo recycled these days and really means nothing anymore. No one is held accountable now. Is he taking full responsibility so he's willing to resign? No, he won't. Is he taking full responsibility to pay the fine even though his gutless superiors say he doesn't have to pay? No, he won't. Folks, when someone says they "take full responsibility" for something, they need to be held accountable. Oh NEWS FLASH.....if people start actually being held accountable when they say they "take full responsibility".....you'll soon see people stop saying that!

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layindownthelaw3 said on March 24, 2011 at 6:51 AM

So if I get a ticket and go to court I'll just request that I get the internal investigation by the WSP and all will be fine. Right?

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tabithastevens said on March 24, 2011 at 6:50 AM

ex_bkr, wow. That REALLY changes things. Do you disagree with the premise or what I wrote? Or are you just being a jackwagon, trying to impress us all with your attention to detail?

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happydays said on March 24, 2011 at 6:41 AM

who cares, he should still have to pay the $250 fine...cops think they are above the law.

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ex_bkr said on March 24, 2011 at 6:38 AM

chuckle,,,,,Tabitha,,you do realise that a Washington State Trooper isn't spending a lot of time in Seattle proper,,,,don't you ?

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s10maniac said on March 24, 2011 at 6:30 AM

The infraction was performed in the presence of an officer as there were three officers that went to the Starbucks. All three of them saw the car parked in a handicap spot so all three of them can write a citation. He should pay the fine and get this internal punishment. That would really help the citizens fell better about their police department. This is in your best interest Gundermann.

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livinglife said on March 24, 2011 at 6:24 AM

he is law enforcement he should have to pay the find like anybody else plus get the internal punishment as well. I think his punishment should be worse since he is supposed to enforce the law, not break it.

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tabithastevens said on March 24, 2011 at 6:12 AM

The anti-cop crowd is out in full force. I think he should be required to pay the fine in addition to the internal review, but I definitely do NOT think he should be fired. Look, all you cop haters, this officer is willing to put his life on the line for the people of Seattle EVERY FREAKIN' DAY, so unless you are willing to step up and do the same, shut your pie holes.

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libhater said on March 24, 2011 at 5:58 AM

intensive internal review process= bad cop, no doughnuts for 1 week. How about a 1000.00 dollar fine 1 month suspension without pay. He is suposed to be setting an exsample for the test of us law breakers...

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allenfla said on March 24, 2011 at 5:47 AM

No need to fine him. By having this put on his record. It may cost the Trooper substantially when it comes time for promotions etc.

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clear2copy said on March 24, 2011 at 4:40 AM

Wow.. this is such 'small town' excitement.. THIS is what everyone is getting their undies in a twist over?

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skippypotpiebaby said on March 24, 2011 at 4:28 AM

The thin blue line Fire him!!!!!

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