Just got a ticket
#1
12-17-2006 | 09:50 PM
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From: on the beach
Just got a ticket
Stereo audible over 25ft
stock bose radio on 21 with the windows down = $73.50
Ugh, very stupid of me.
Will this put points on my license?
And just to rub it in, as I'm pulled over, some pos chevy drives by with its trunk rattling like mad.
I think i'm just gonna pay it and be done with it.
stock bose radio on 21 with the windows down = $73.50
Ugh, very stupid of me.
Will this put points on my license?
And just to rub it in, as I'm pulled over, some pos chevy drives by with its trunk rattling like mad.
I think i'm just gonna pay it and be done with it.
Last edited by stpdevil; 12-19-2006 at 04:30 PM.
#2
12-17-2006 | 09:51 PM
Originally Posted by stpdevil
Stereo audible over 25ft
stock bose radio on 21 with the windows down = $73.50
Ugh, very stupid of me.
Will this put points on my license?
And just to rub it in, as I'm pulled over, some pos chevy drives by with its trunk rattling like mad.
I think i'm just gonna pay it and be done with it.
stock bose radio on 21 with the windows down = $73.50
Ugh, very stupid of me.
Will this put points on my license?
And just to rub it in, as I'm pulled over, some pos chevy drives by with its trunk rattling like mad.
I think i'm just gonna pay it and be done with it.
#6
12-18-2006 | 10:40 AM
#7
12-18-2006 | 02:01 PM
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#8
12-18-2006 | 02:37 PM
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Originally Posted by Gilley
What is the statute number of the violation? Or was it a county ordinance? They would have to measure the distance and maybe the dB level at a distance. It depends on the violation.
Regardless, it's not a moving violation so no points, especially if it's a local ordinance.
Regardless, it's not a moving violation so no points, especially if it's a local ordinance.
316.3045 Its a state thing.
And for the record, my radio was audible from 25ft. But to be honest, at night with the windows down, you can hear the radio from 25ft when its not loud at all. What pisses me off was it wasn't loud enough to disturb anyone, unlike the guy who drove past as i was pulled over that was shaking the block.
I'm just glad he didnt give me a fix it ticket from my exhaust or my tint.
#9
12-18-2006 | 02:53 PM
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From: Pothole Central and still ridin slammed...Boston
Fight it. They can't proove it if there is no decible meter to take the measurment. I had something simialr happen to me in when I had my Civic. I just came from a car show and got a 300.00 ticket for disturbing the peace with loud music. Took it to court and the court magestrate laughed and tossed it out. I even beat ehaust tickets by bringing in the Greddy 92db certificate.
#10
12-18-2006 | 02:58 PM
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Originally Posted by Hi-Tech_G
Fight it. They can't proove it if there is no decible meter to take the measurment. I had something simialr happen to me in when I had my Civic. I just came from a car show and got a 300.00 ticket for disturbing the peace with loud music. Took it to court and the court magestrate laughed and tossed it out. I even beat ehaust tickets by bringing in the Greddy 92db certificate.
I've been thinking about fighting it... I mean do you think the guy will even show up?
#11
12-18-2006 | 03:02 PM
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From: Pothole Central and still ridin slammed...Boston
I live in Boston and have some family in Florida. From what I understand your laws are pretty much the same. I dont think he'd waste his time showing up though. Besides you have the right to explain to the magistrate of all things why music. he could've pulled you over for anything else. The one I always nail the coffin shut with is you would rather make everyones insurance go up in behind something as petty as this (reffering to my ticket I got for being dropped to low)
Originally Posted by stpdevil
I've been thinking about fighting it... I mean do you think the guy will even show up?
#13
12-18-2006 | 04:48 PM
Here is what FS 316.3045 says. I added the bold for you.
For the definition of "plainly audible," we must look to the Florida Administrative Code, section 15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.
It appears that the law enforcement officer's discretion is broad. All he has to do is testify that he heard your radio 25 feet away, which you admit. There is no requirement for a sound meter measurement.
It's not going to get you any points on your license. If you fight it, the officer may not appear, but if he does, I think the judge would rule against you and hen you would also end up paying court costs.
Since you admit that your radio was loud enough to be heard at 25 feet, just pay it and be done with it.
I'm not a lawyer, so do not mistake this as legal advice. It's what I would do if I were you.
316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.--
(1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:
(a) Plainly audible at a distance of 25 feet or more from the motor vehicle; or
(b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.
(2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(3) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time and manner in which such business may be operated.
(4) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by s. 316.271. ]B]The Department of Highway Safety and Motor Vehicles shall promulgate rules defining "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section. [/B]
(5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
(1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:
(a) Plainly audible at a distance of 25 feet or more from the motor vehicle; or
(b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.
(2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(3) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time and manner in which such business may be operated.
(4) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by s. 316.271. ]B]The Department of Highway Safety and Motor Vehicles shall promulgate rules defining "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section. [/B]
(5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
15B-13.001, F.A.C.
TITLE 15 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
15B DIVISION OF FLORIDA HIGHWAY PATROL
CHAPTER 15B-13 OPERATION OF SOUNDMAKING DEVICES IN MOTOR VEHICLES
15B-13.001, F.A.C.
15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.
(1) The purpose of this rule is to set forth the definition of the term "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S.
(2) "Plainly Audible" shall mean any sound produced by a radio, tape player, or other mechanical or electronic soundmaking device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using his normal hearing faculties, at a distance of 25 feet or more from the motor vehicle.
(3) Any law enforcement personnel who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:
(a) The primary means of detection shall be by means of the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
(b) The officer must have a direct line of sight and hearing, to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
(c) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(d) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street or highway as defined by Section 316.002(53), F.S. Parking lots and driveways are included when any part thereof is open to the public for purposes of vehicular traffic.
(4) The standards set forth in subsection (3) above shall also apply to the detection of sound that is louder than necessary for the convenient hearing of persons inside the motor vehicle in areas adjoining churches, schools, or hospitals.
AUTHORITY: Specific Authority 316.3045 FS.
Law Implemented 316.3045 FS.
TITLE 15 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
15B DIVISION OF FLORIDA HIGHWAY PATROL
CHAPTER 15B-13 OPERATION OF SOUNDMAKING DEVICES IN MOTOR VEHICLES
15B-13.001, F.A.C.
15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.
(1) The purpose of this rule is to set forth the definition of the term "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S.
(2) "Plainly Audible" shall mean any sound produced by a radio, tape player, or other mechanical or electronic soundmaking device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using his normal hearing faculties, at a distance of 25 feet or more from the motor vehicle.
(3) Any law enforcement personnel who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:
(a) The primary means of detection shall be by means of the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
(b) The officer must have a direct line of sight and hearing, to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
(c) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(d) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street or highway as defined by Section 316.002(53), F.S. Parking lots and driveways are included when any part thereof is open to the public for purposes of vehicular traffic.
(4) The standards set forth in subsection (3) above shall also apply to the detection of sound that is louder than necessary for the convenient hearing of persons inside the motor vehicle in areas adjoining churches, schools, or hospitals.
AUTHORITY: Specific Authority 316.3045 FS.
Law Implemented 316.3045 FS.
It's not going to get you any points on your license. If you fight it, the officer may not appear, but if he does, I think the judge would rule against you and hen you would also end up paying court costs.
Since you admit that your radio was loud enough to be heard at 25 feet, just pay it and be done with it.
I'm not a lawyer, so do not mistake this as legal advice. It's what I would do if I were you.
#14
12-18-2006 | 04:55 PM
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Originally Posted by Gilley
Here is what FS 316.3045 says. I added the bold for you.
For the definition of "plainly audible," we must look to the Florida Administrative Code, section 15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.
It appears that the law enforcement officer's discretion is broad. All he has to do is testify that he heard your radio 25 feet away, which you admit. There is no requirement for a sound meter measurement.
It's not going to get you any points on your license. If you fight it, the officer may not appear, but if he does, I think the judge would rule against you and hen you would also end up paying court costs.
Since you admit that your radio was loud enough to be heard at 25 feet, just pay it and be done with it.
I'm not a lawyer, so do not mistake this as legal advice. It's what I would do if I were you.
For the definition of "plainly audible," we must look to the Florida Administrative Code, section 15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.
It appears that the law enforcement officer's discretion is broad. All he has to do is testify that he heard your radio 25 feet away, which you admit. There is no requirement for a sound meter measurement.
It's not going to get you any points on your license. If you fight it, the officer may not appear, but if he does, I think the judge would rule against you and hen you would also end up paying court costs.
Since you admit that your radio was loud enough to be heard at 25 feet, just pay it and be done with it.
I'm not a lawyer, so do not mistake this as legal advice. It's what I would do if I were you.
Ya I'm pretty sure I'm just gonna pay it. It was def my fault... I just don't like that something so petty is costing me $75.