How to fight a ticket

**MTomlinson07** · 05-17-2004, 03:04 PM

I finally got a job for the summer now that classes are over and was looking forward to buying a PC with my first paycheck, but last night I was driving and got pulled over and received a ticket for "too loud of noise" for my stereo, I had the stereo almost all the way down because I was talking on the phone, so I know this is a BS ticket. I went to make a plea today and found out the ticket is $250!!!! Is there anyway I can fight this ticket?, it is basically my word against the officers and I don`t want to request a trial and lose because then I would have to pay court costs and the fine.

**tom p.** · 05-17-2004, 03:06 PM

what were you listening to ?

**BlueRanger** · 05-17-2004, 03:26 PM

Wow, that realls sucks, cops love to mess with us high school kids (last year, pre graduation). They had a checkpoint set up, and were pulling over any teens with a system, and they would actually TURN up your system to what they thought the appropiate noise level was, and put a decibel meter to it. Weak. So did he give you a db meter? If not, how can he say it was too loud? Also, what were you listeneing to? Rap? What do you have in your truck? Subs or what? Maybe the low freq is what set him off....sorry to hear man, hope you get out of it...

EDIT: I dont have any sour grapes against cops, the one time i got pulled over, (blue backup bulbs) I was nothing but respectful and cooperative and got the same respect in return. I am very glad of all the cops here bustin all the drunk drivers that wander around our town. I just think that if ram`s story is true, if he was TALKIN on his cell phone, how can that possibly be too loud?

**zzyyzx** · 05-17-2004, 03:36 PM

These guys specialize in CA law, but maybe they will have a referral out to your area. Traffic Defenders .

Bad thing is that it will probably cost more to fight the ticket than it would to pay it. What you may try to do is this....

Find a car club or a shop that puts in high-end systems. Talk with them and see if they have any experience with these types of cites. I don`t know about TX law, but in CA it would be difficult for the ticket to hold if the officer didn`t have some hard data (i.e. db meter) to back up the claim.

**MTomlinson07** · 05-17-2004, 03:53 PM

Im actually a college student, but anyways he didnt give me a decibel meter reading, probably because I don`t think he had one , I was listening to country at the time and I only have a 12" sub with a 600w amp.

**andriver** · 05-17-2004, 03:58 PM

Country music is probably the reason he gave you a ticket. Just kidding. I assume you are an Aggie. Anyway, good luck with the ticket.

**BlueRanger** · 05-17-2004, 04:03 PM

Originally posted by 360RamGuy01

Im actually a college student, but anyways he didnt give me a decibel meter reading, probably because I don`t think he had one , I was listening to country at the time and I only have a 12" sub with a 600w amp.

Id say tahts grounds right there, theres NO proof. Look into your local laws, but id say you can get out of it. Also, chances are the officer wont show up for the court date (trick is to keep on rescheduling as much as you can, that way he gets sick of it and will never show). Usually when the officer that cited the ticket is not there, the judge will throw out the citation. (and sorry, I wasnt implying that you were in hs, that was just my experience, I too am in college)

**MTomlinson07** · 05-17-2004, 04:26 PM

Here is the code I was cited for:

Sec. 11-46. General prohibition.

Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and, as such, is liable to be abated, is hereby prohibited, and the person guilty of causing, permitting, or suffering them or any of them upon any premises or upon any building occupied or controlled by him or in any street, alley, sidewalk, or gutter immediately adjacent to such premises shall, upon conviction, be fined as provided in section 1-14. Any noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance and, as such, is liable to be abated, is hereby prohibited, and the person guilty of causing, permitting, or suffering same upon any premises or in or on any building occupied or controlled by him or in any street, alley, sidewalk, or gutter immediately adjacent to such premises shall, upon conviction, be fined as provided in section 1-14.

(Code 1975, Ã‚§ 17-20)

**THERUSE** · 05-17-2004, 04:40 PM

can you use the cell phone records to your defense, depending on how the cop wrote the time

**medic** · 05-17-2004, 04:46 PM

where were you when this happened? major street or residential area? If it was a major street tehn there`s probaby more noise then your stereo can put out.

where was the cop when he came after you? if he wasn`t on in adjacent area tehn you can fight that too.

also, if you can get your cell phone records and match that with the time he pulled you over, you can probably show that you really were on the phone so your argument may hold up.

Chances are you may not get off totally, but the judge may reduce the fine. Now what court costs are you concerned about? I`ve never been to court, but I thought you would only have to pay if you brought a lawyer - this sounds like somehting you could argue on your own. Just have the evidence in hand. worst you`d have to pay is the full $250, but I don`t think you`d have to pay any court fees

**travisdecpn** · 05-17-2004, 05:01 PM

here in Cali you would get in more trouble for talking on the cell phone than the noise. Don`t know if that would help your his cause.

**JaCkaL829** · 05-17-2004, 05:16 PM

Like tomciob said, if where you live doesn`t have any regulations and laws aganist cell phone use, then i`d pull up the monthly statement with the times and try to fight it. I`m sure your not going to walk away without paying some kind of fee, but maybe of a lesser charge? It also might be cheaper just to pay the ticket then go to court and court fees? Sorry that happened man I hate it when cops go on a power trip.

**MTomlinson07** · 05-17-2004, 06:05 PM

I contacted my lawyer (which is free because my moms company pays for it) but she is in Dallas 200 miles away, she told me to request a trial by judge and deferred adjudication, if the officer doesn`t show up I can request the case be dismissed or plead my story to the judge and try and get the fine reduced. Hopefully this turns out well. I will post an update when I get through with all of this. Thanks for all the advice I will definately use it when I talk to the judge!

**meGrimlock** · 05-17-2004, 06:20 PM

Sorry to hear about your misfortune, College Station cops are known for citing people with car stereos that are too loud (even if they aren`t). Your best bet is to go before the judge. Since the officer didn`t take a quantitative measurement of your sound level, it is your word against his. Go ahead and take your cell phone bill, it could be enough to dismiss your ticket.

I hope everything works out for you.