I got an idea. You’re probably screwed, but it’s worth asking a lawyer.
At what point do they have to read you your Miranda rights? He continued an investigation AFTER handing out a citation… So would your admission be admissible in court?
Maybe they only have to read you your rights if hauling you off to jail… IDK It’s late.
Your rights only half to be read to you if you are in a lawful detention. The officer Did not have dude detained when he was at the dudes home. During the traffic stop he also did not half to read the rights because he wasn’t doing a investigation, just issuing a citation.
J.Wal
Yeah, I didn’t know what the threshold is.
Ya. Well like I said I Dought the officer brings all the ear damage stuff up. I figure all that will happen is he will go before the judge. Tell them he removed the horn and was sorry he did it and, atleast around here if he is a juvenile he will get community service, maby a small fine.
But the idea of telling someone to run from the police or something like that isn’t a good ideal for anyone especially a kid. If you do it you take what comes with it but don’t tell some kid to do it.
J.Wal
Hope cop doesnt show up to court… And say Your honor on the lack of witness I would like to have this case thrown out…
whyyyyyyy were you wearing earmuffs?! wearing headphones or things over your ears is illegal in the first place while driving (in some states at least). its not even a nathan for petessake…
and are you really saying it was a one lane each way… AND you honked while passing him-AKA freakn right next to him?!? honda civic or not; NO $H!T it was you.
sorry, but i think you should be smarter about this
i think its one heck of a story. Something definetly to tell at the thanksgiving day dinner table hahahaha. Good Luck!!
Around here when you try that, they have the other officers who are present in court, step outside and get on the radio to have the missing officer paged, and they make you wait until he arrives.
then keep rescheduling the date further and further so by time u really have to go to court the officer will have already forgotten u, hopefully or not even care to show up…
My car isn’t that well insulated. I don’t want sensitive ears or ears that have reduced hearing down the road but ya I shouldn’t have been wearing them.
I don’t know if it was the ear muffs or the doppler effect that let him know, 1 of the 2 or both but he did not mention the muffs and not sure if he saw them on the corner of the floor of my car.
There were cars following close behind me and cars in front.
Perhaps if I did a really short blip he wouldn’t have had a clue but I held it for like 2seconds. STUPID I know in every way but what’s done is done.
You’re only allowed one reschedule here.
One time a few years ago I had a court date for a noise violation (stereo, not horn) ticket. I’d forgotten about it until that day, so I called to reschedule. I was told that the court did not allow rescheduling the day of court, it had to be done at least one week prior to the court date.
So I go to court to contest the charge. When my case is called I go to the front…it is just me and the judge (who was a beach btw). I call into question some specifics of the law and supposed violation, and she stops me, asks another officer in court where my officer is. No one knows. She tells me that she will have to reschedule the court date to another day because my officer was not present.
I became LIVID (within limits of common court sense, of course). I informed her that I needed to reschedule earlier in the day and was told that it was not possible, and instead I came to court ready to defend my interests per the city’s requirements. I reminded her that the city had a burden of proof that day and if they could not meet it then I’d ask that the case should be dismissed.
She realized I knew what I was talking about, looks at the other two cops in the courtoom, tells them to go outside and call him to court and tells me to sit and wait for him. Two hours later he shows up, says about two sentences, and the beach judge explains that the officer’s word is taken as expert testimony in court and overrules any other statements or questions, and declares me guilty. :rolleyes:
Hey, you know, I have a “improper use of horn” citation from a few months ago and I would assume that the cop that wrote it up put notes in the database that mention “train horns”… The trooper that pulled me over would have clicked on it and found out anyway.
I was saying that it wasn’t me to the trooper but at least I wasn’t really pissing him off by arguing with him. I mean I wasn’t arguing, I was being passive about it.
I decided to let him know with some eye contact that it was me @ the house because when it comes to the judge, I’m not going to try lying to the judge that it wasn’t me with the horns (provided I didn’t admit to the trooper). The judge could find out the info in the database too. Who knows if anything was there.
Anyway, will keep you guys updated
I’m 25yrs yng
irony located
OH ha ha. Ya he gets 1 exposure and he is damaged for life
Don’t be hating I try to not to honk at anyone on the streets @ close range (unless real short duration but even then try to make some distance) but I was stupid that day.
Eff that… id appeal it
Sent from my DROIDX using Tapatalk
Hey, I’ve had horns for 4 years now and also have had loud stereos since I was 17 (I’m 33). I’d be the last to whine about a loud noise.
But you have to admit it’s pretty foolhardy for you to ride around with earmuffs because of your horn, and then try to use the defense that exposure to your horn won’t do damage to another person.
I avoid sounding my horns near any law Enforcement in the first place! I only sound mine near train tracks (where the road parallels right next to the train tracks) When ever I do that no one thinks anything about it lol. Btw I have Shocker s4’s as well and I sounded them inside of a pedestrian walk tunnel (when they were installed on my bicycle Trailer I was pushing 120 psi) and dude, I had an ear ache that lasted a week!
Well you live you learn.
Again, I beg to ask the question, “why were you wearing ear muffs?”
Seriously? I really can’t believe I"m seeing this one here… You don’t want ‘reduced hearing down the road’ but you don’t want anyone else to be able to hear? Think about how you would feel if someone else did it to you. You don’t have ear muffs on, and you are working, someone honks at you, you jump, its probably painful… Then what? Would you be mad about it?
I’ve honked at myself just to know what everyone else is feeling/hearing when I honk. I will not put anyone through anything I haven’t already been through. Believe it or not the smallest horn in the group is the one that is the most painful. the biggest I didn’t mind so much but the smallest one hurt my ears. and that is the one you said was pointing toward the cop.
I don’t think the officer should have gone to your house like he did. You can say that is harassment and entrapment to pressure you into admitting you have the horns because he’s already issued you a citation and he should have filed other paperwork for the ‘injury’ against you which would have been delivered by a sheriff later.
Don’t take this the wrong way… I hope you get off with the “slap on the wrist” and told don’t do it again, but I won’t be surprised if you get hammered because he was on a 2 lane road on a traffic stop and you were probably ~15ft away in the other lane.
Saw this thread and it made me happy… hopefully it spreads
WHERE MY FLORIDA PEOPLE AT…
Florida law banning loud car music ruled unconstitutional
Click Here for Link to article
Updated: Thursday, 12 May 2011, 5:23 AM EDT
Published : Thursday, 12 May 2011, 5:19 AM EDT
LAKELAND, Fla. (AP) - A state law making it illegal to blast loud music or other audio from a car stereo system has been declared unconstitutional.
A three-judge panel of the 2nd District Court of Appeal in Lakeland ruled Wednesday in a pair of Pinellas County cases. Both motorists were cited for playing their car radios too loudly.
The judges found the law is an unconstitutional suppression of free speech because it arbitrarily exempts vehicles used for business or political purposes.
They also ruled a provision making it illegal for sound to be “plainly audible” from 25 feet or more away from a vehicle was unconstitutionally vague.
The panel, though, agreed to certify the vagueness issue to the Florida Supreme Court for further review as a question of great public importance.
This is how it all started:
St. Petersburg corporate lawyer Richard Catalano
By Frank Cerabino Palm Beach Post Staff Writer
Posted: 11:12 p.m. Thursday, May 12, 2011
The Florida law that gives police officers the authority to issue traffic tickets to motorists for playing their music too loud was dealt a severe blow this week.
It all started four years ago with a Bronx-born lawyer.
Corporate lawyer Richard T. Catalano, 50, was driving his Infiniti sedan through St. Petersburg on his way to work. His windows were rolled up, he said, and he was listening to a song from Justin Timberlake.
“Yes, Justin Timberlake,” he recalled Thursday. “I like Frank Sinatra, Pink Floyd, Motley Crue. But it just so happened on that morning that I was listening to Justin Timberlake. It’s something that haunts me.”
When Catalano got pulled over, the officer told him he was getting a ticket for playing his car’s stereo loud enough to be “plainly audible” from 25 feet away.
"I said, ‘You gotta be kidding. That’s a ridiculous law.’ "
Officer reveals the truth
So Catalano tried to fight the ticket in traffic court. He lost.
"After I did, a police officer came up to me and told me he was glad that I lost. He said, ‘We use that statute all the time to pull people over and search for drugs.’ ’
The state defines its “plainly audible” standard this way:
“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.”
And that just made Catalano angry, concluding that the law was just a pretense for getting around probable-cause requirements for legal search and seizures.
“It’s like, pull over the black guy and check him out for drugs,” Catalano said. “There’s right and wrong, and this is just wrong.”
So he appealed the ticket, challenging it as unconstitutional. And this week, a three-judge panel at the 2nd District Court of Appeal in Lakeland agreed.
The judges determined that the state law was unconstitutional because it was not “content-neutral.”
Ruse to let cops pick on folks
The noise law forbids some vehicle stereo sounds while making no restriction on music or any other sounds coming from vehicles if they’re for commercial or political purposes.
So if an ice cream truck plays Pop Goes the Weasel at a volume that can be heard blocks away, that’s not a violation because it has a commercial purpose. Or if a political candidate or activist blasts the theme song from Rocky as he bellows on a bullhorn from the back of a flatbed truck, that can’t be a noise violation because it’s noise for political purposes.
But if a police officer detects a bass beat from a teenager’s car at a distance of four or five body lengths away, that’s an occasion for a traffic stop and citation.
Judge Anthony Black, writing for the appeals court, used this example:
“In other words, an individual using a vehicle for business purposes could, for example, listen to political talk radio at a volume clearly audible from a quarter mile; however, an individual sitting in a personal vehicle that is parked next to the business vehicle is subject to a citation if the individual is listening to music or religious programming that is clearly audible at 25 feet.”
The court ruling pointed out that the 2007 noise law doesn’t treat all noise equally, and is therefore unconstitutional by considering the content of the noise as the determinant of whether or not it’s permissible.
The ruling comes after a doomed attempt in the just-completed session of the state legislature to increase fines in this law, and after the city of Sarasota briefly adopted an ordinance that impounded vehicles on the first infraction.
The issue may still take another turn if this week’s appeals court ruling is taken up by the state’s Supreme Court.
But for now, Catalano feels vindicated.
"I told the cop who pulled me over, ‘You got the wrong guy, my friend. I’m a boy from The Bronx.’ "
oh poop i love it! don’t forget to email the guy and thank him richard.catalano@tse-industries.com
http://www.youtube.com/watch?v=unMgTdeqpAc&feature=player_embedded