Possible to fight unnecessary noise violation?

[FiReSTaRT]

If you were close to the house, you can inquire about people who were hanging out in front, like having a smoke. They could act as witnesses for you. One or two should suffice. Your best bet would be somebody you're not friends with already.

[southpaw_1979]

I'm a bit curious about the statement "I left it in gear a bit longer than I needed to"

If I were a judge, this would lead me to believe that you are eluding to something, since any car I've driving manual or automatic stays in gear until I've arrived at my destination.

I would word things carefully or this to me indicates that you may have caused some sort of noise that would be open to interpretation without saying while I was causing excessive noise.

[Griffin]

As Turbo pointed out it's "unnecessary noise". That can mean pretty much anything. Any music being played, at whatever volume, is not "necessary" for the operation of the motor vehicle and could result in a charge, should the copper want to lay it. The question then becomes is the JP gonna be as ridiculous and convict. I'd give someone 50/50 odds on that one.

IMO this is one of those ridiculous HTA provisions that is completely up to the discretion of the copper and impossible to predict what is and what is not acceptable because it all depends on the cop and the day and what you had for lunch, etc.

You're defence might be that:

• the cop said the exhaust was loud
• the exhaust is stock
• you were not revving your engine

The cop's case may be:

• the vehicle was unnecessarily loud

result = probable conviction

[Brian P]

What is meant by the officer "perjuring" himself?

Translate that word into English that a non-legal-speaking person can understand.

[Rob MacLennan]

What is meant by the officer "perjuring" himself?

Translate that word into English that a non-legal-speaking person can understand.

Lying.

[roadtoruin]

Hey guys, would appreciate some help if anyone can relate to my case.
I was driving my mustang pulling up to a house party at a friend's place. After I got out and was walking to the house, a cop who was at the intersection infront of the house stopped me.
First he thought I may have been intoxicated, asked if would take the breathalyser. I said yes I'll take it no problem, he goes into his car, then comes out and hands me a unnecessary noise violation under sect. 75(4) of the HTA.

Now, I did not rev the engine at all coming down the road, but I did leave it in a gear (manual transmission) a bit longer than i should have coming down the street.

So 2 main questions :

1) any hope I can fight this and hope to win?

2) is he able to just give me an "unnecessary noise" ticket without any sort of instrument measuring the sound? and would it help me if i brought it to trial to state that since i was right infront of the house, the officer could have mistaken the noise from the house party for the noise from my car?

i really wouldn't mind the fee, but this damn ticket would go on my record as a minor conviction

abe, read up on ticketcombat.com and fight it, sounds like a BS charge.

[82Seca750]

tall gear in the Stang?

I'm running 4:10s in my 2000GT with a KenneBell and a Borla Stinger catback with a catted Bassani X-pipe...and she likes to stay around 3000rpms under normal driving conditions unless I'm totally grannying it

the car sure can sing without much effort

imo...copper thought he had you pegged for a drinker....so you were getting some sort of ticket regardless, cause he felt compelled to pullover

lame....

assuming you are young? cause grey hair and a nice sounding Stang usually results in no tickets.....the hassle and profiling is still there, but the end result usually means no court date when you look like an old fart

[slowbird]

Plead Guilty with an explanation.

Then explain how you need the fine the reduced due to financial troubles.

I had an "Improper Muffler Ticket" dropped to $20.

No points....doesn't affect insurance.

Guilty with an explanation.

[Metastable]

1 - ask for a trial
2 - when you get a trial date, ask for disclosure. This is when you can see if the cop is about to lie in court or not. I had one lie on the disclosure before, that's when I called Red Line, because I knew right there and then that he was going to BS the court. I knew he had not used his radar gun, so I knew he didn't have a reading. Therefore, knew from the disclosure that he was full of crap.
3 - Don't say you left your car in gear for longer than you should have. What does that mean anyway? You have dudes that short-shift at 1500 RPM and think that's how you are suppose to drive. For them maybe 2000 RPM is too long. Just say you were operating your vehicle in a normal manner. Which is true unless you were near red line or bouncing off the rev limiter. It's all a mater of interpretation.
4 - Fight it man.... why not, you know it is a BS ticket. I'd also mention how he asked for a breathalyzer and all the sudden switched charges on you.
5 - A witness is a good idea.

[Rotten_Ronnie]

Doesn't the fact that the OP was initially suspected of being under the influence count in this? I'd certainly bring up that on my day in court.

"The officer approached me and asked if i'd been drinking, and i cooperated for a roadside breathalyzer test"

Whoops, silly me. He should have fled.

[mike.from.canmore]

Just playing devils advocate here....
but to the OP, what exhaust do you have on the stang?



I'm not against you in any way, but I find it amazing that so many people think the cop is wrong, or perjuring himself when NOBODY knows what your car even sounds like....


Post of a quick youtube video of you driving down the street, then perhaps some opinions may change.

[Metastable]

I don't think people expect the cop to lie in court, we just don't know what he would do. If he doesn't inspect the exhaust, didn't hear it running from up close and just wrote up a ticket.... then I don't see how he has much grounds for determining the legality of the exhaust or how excessive the noise actually is. You then have to start guessing the integrity of the guy, no?

[Rob MacLennan]

Just playing devils advocate here....
but to the OP, what exhaust do you have on the stang?



I'm not against you in any way, but I find it amazing that so many people think the cop is wrong, or perjuring himself when NOBODY knows what your car even sounds like....


Post of a quick youtube video of you driving down the street, then perhaps some opinions may change.

Please note the number of times I used conditional statements when making that comment, and when talking about the OP's exhaust and behaviour. It's not about expecting an officer to lie in court, but rather about being prepared for any eventuality in court.

[Wileo]

Ask I'm why the car was too loud?

If he says it's a aftermarket exhust

Ask him what he calls aftemarket

If he says something that didn't come form factory

Ask him then is he going to pull over 70% of the cars on the road because they have go there mufflers at places like minus or speedy or any the exhust shop because there not oem once they leave the shop.