Legal Questions and the LawPost your questions about the law, or speeding tickets or anything legal. Disclaimer: 7thGenCivic.com and it's moderators are not lawyers or police officers (unless otherwise noted) and can in no way be held responsible for any advice or action
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i got a ticket for my system last week... i had all the windows down, and the sunroof open and the cop happened to hear it... he pulled me over and issued me a yellow paper award (ticket)... during the stop, there were three cars that came by with their volume at a level higher than mine... when he returned to my car from his, he said "yeah, i hear them, but i'm not going to pull them over..." well, after looking at my ticket i also noticed that he circled that this was on video, so i haev evidence of this... what i am wondering is if when fighting this in court can i require them to show the video footage and show them where he was harassing me... i have a friend in the pricinct that i am going to see if he can get it taken off, but if not, i plan on going to court on the 27th oc october
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nope, first this year though... does that count? i think i got it taken care of... if not, im gonna video tape the cop that leaves daily with his system turned up loud as hell...
I know in my state and city, the cop has to hear you from a certain distance away and be able to prove this in court if it went that far. In my case, it did, I'm an I.C.E. queen as far as the bump is concerned and when this law went into effect, I measured what I could bump from x amount of feet away up to a foot before the limit just as a precaution. I was then pulled over and busted for my system being heard further away than the allowed distance. I knew I was right and went to court, I won for I proved that I did this distance test with witnesses to it and my character of keeping with the settings when I bump and I had figured out and knew what the law was and was within the law. Keep in mind, I never change my window settings when I bump and do not pass my allowed distance of sound travel when I'm bumping so I knew I was in the right. Do you have such a said law that allows you to be heard up to a certain distance away? If so, you MAY be able to prove you were within the limits although this may be much harder in your case. IMO, you will more than likely end up paying the fine and moving on. Good luck with it and let us know what happens.
__________________ The Righteous, Racing and Rocking the house in my car babe!
How did you think that you gotten it taken care of? BTW-What is your gain set at? What deck, speakers, amp(s), and sub(s) do you have? And, what tunes do you listen to?
__________________ The Righteous, Racing and Rocking the house in my car babe!
ok heres what u do.. it works like 90 percent of the time.. goto court dont just pay the ticket... they will lower the charger to a lesser sitation.. but the ticket doesnt put points on ur lisence correct? so just pay it and move along..
well since its not your first violation, but its not a moving violation i would go to court and plead guilty and possibly get the fine reduced to maybe just court costs, or probation. that way it wont go on your record if you have a nice judge.
Man I would fight it, bitch to the court that the cop was on a power trip, that is bs, getting a ticket for loud music. I have recieved several tickets before for stupid crap. I recieved a ticket for my exhaust being to loud, and in court I bitched about motorcycles having exhausts that are 50x louder than any streetracers exhaust on the street and I complained that this was a power trip by the officer and my case was dropped. If you know what to say in court and have some expierence with arguing about things, you will most likely get it dropped.
I was told by a friend of mine once, "there are many fish in the sea, you cant catch them all" who was told this by a judge. He got a speeding ticket though, and yes, he had to pay.
sorry it took so long to get back, my modem got fried. well, the cop was in his car and actually pulled up beside me adn then motioned me to upll over. so i complied. they dont even have dB meters around here. the law is 100 feet. which, by my estimations, is close enough to hear voices audible at that distance. i even tested this theroy at the local football field. 100 feet is too narrow a margin to base this law on in my opinion. as for getting it taken care of, i haven't been able to get in touch with my friend that is a cop at this precinct yet, but he has had a few tickets dropped for me in the past. he has a system in his car as well. i helped install it as a matter of fact. so i am going to fight this ticket.
i believe i have found a loophole in the written law. i looked this up on the georgia general assembly's website, and printed the entire text of the law code, and what it refers to. and i have found two places where i believe that i can beat this ticket. article d of this law states: The provisions of this code section do not apply to the noise made by a horn or other warning device required or permitted by Code section 40-8-70. " here's where the loophole is " The Department of Public Safety shall promulgate rules defining 'plainly audible' and establish standards regarding the measurement of sound by law enforcement personnel." i have been to the local dept of public safety and have called the state headquarters, and no one has been able to define "plainly audible". they are saying if they can hear it, then that is plainly audible. if that is the case then they could just about write a ticket to anyone that had their windows down with their radio on. they can't seem to settle on a clear definition of "plainly audible" and their standards of measuring sound that the law talks about, well, they can't seem to name one. if they are going to say that they go by their ear, then that throws a cog into the whole idea. people have different hearing capacities. some have very keen hearing, while others have a lesser ability to hear things. i believe that i can beat this. i am going to keep researching as well, just figured i would inform you of the tidbit i found today.
ya i agree with you, like i stated above the officers are supposed to use a audible sound measuring device before they issue a ticket. If they didnt do that then i would bring that to court with you along with the phone conversations. Not recording them but the person you talked to and the date and time you called.
