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Problems with the law.

#41
MJ5150 said:
You should win that easy, you are not a female.

-Mike
Click to expand...

fight it. Im not sure of the laws in your municipality, but where i live this is the protocol for noise complaints:
1: officer must respond to "disturbing the peace" complaints
2: officer must give verbal warning on first contact
3: officer must ticket/file report for non-compliance.

call your city hall & find out the noise complaint protocols in your area. you may find the officer didnt follow protocol, and the Judge will toss it out.
 
#42
Joey3313 said:
I've had numerous (upwards of a dozen) friends get out of tickets/fines because of things as simple as spelling errors on the ticket.

By him putting your gender down as female, he gave you a VERY VERY VERY easy out.

Forget looking into noise ordinances and all that jazz...you got this beaten already if you care to.
Click to expand...
From the information ive gathered online it seems this isnt really a sure thing, and they can easily dismiss it :hmm:
 
#43
Our local sound ordinance states as follows:
9.22.030 Noise generally.

A. It is unlawful for any person to willfully make or continue, or allow to be made or continued, any loud, unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to persons residing within one thousand feet of the noise source.

B. The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but are not limited to the following:

1. The level of the noise;

2. The level and intensity of any background noise;

3. The proximity of the noise to residential sleeping facilities;

4. The nature and zoning of the area within which the noise occurs;

5. The density of habitation of the area within which the noise occurs;

6. The time of the day or night the noise occurs;

7. The duration of the noise;

8. Whether the noise is recurrent, intermittent or constant.

C. Refrigerator trucks shall be permitted to operate in any commercial or manufacturing zone at all hours; provided, however, that such use does not emit noise or vibration detrimentally impacting neighboring residential properties and the occupants thereof between ten p.m. and seven a.m. (Ord. 3924 § 3 (part), 1999)

If the cop can't provide evidence of my "loud music" then I should have little to worry about. (by evidence I mean the standards listed under B. such as the level of the noise and the level and intensity of any background noise)
 
#44
The modifier said:
I was simply running my fingers on the fretboard with the amp off
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You know that. We know that.

The officer either didn't know that, or he didn't care, but your attempt to educate him was surely a bad move.

Big picture: You probably wouldn't be plotting your defense right now if you had stopped fingering your axe and kept your mouth shut when you had the chance.

Law enforcement officers commonly look for signs of respect and cooperation, so they sometimes make silly little requests to get a read on a person's attitude. Your impromptu and unsolicited lesson on amplification and the cool-down only tipped your hand that you didn't mind debating and correcting the officer. Ouch.

Yeah, I also love all these maverick desperado types posting on here, so brave behind their keyboards, so willing to fight the law, thumb their noses at a law officer, beat the system and, in doing so, uphold social justice. How noble.

Sometimes, like this situation, it just doesn't make much sense.

Honestly, I hope OP beats the rap. But putting yourself in that compromising situation in the first place is just not the most prudent course.

Choose your battles, and choose them wisely.
 
#46
The modifier said:
If the cop can't provide evidence of my "loud music" then I should have little to worry about. (by evidence I mean the standards listed under B. such as the level of the noise and the level and intensity of any background noise)
Click to expand...

Judges commonly take their officers at their word, and there is also the statement and testimony of the neighbor to consider.

Still, I wish you only the best.
 
#47
electracoyote said:
Yeah, I also love all these maverick desperado types posting on here, so brave behind their keyboards, so willing to fight the law, thumb their noses at a law officer, beat the system and, in doing so, uphold social justice. How noble.
Click to expand...

Anytime you're in the right, and the cop isn't following the law - it IS noble.

Now - it may not be worth the time and trouble to fight it, but that just depends on the value of satisfaction to you.
 
#48
The modifier said:
Our local sound ordinance states as follows:
9.22.030 Noise generally.

A. It is unlawful for any person to willfully make or continue, or allow to be made or continued, any loud, unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to persons residing within one thousand feet of the noise source.

B. The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but are not limited to the following:

1. The level of the noise;

2. The level and intensity of any background noise;

3. The proximity of the noise to residential sleeping facilities;

4. The nature and zoning of the area within which the noise occurs;

5. The density of habitation of the area within which the noise occurs;

6. The time of the day or night the noise occurs;

7. The duration of the noise;

8. Whether the noise is recurrent, intermittent or constant.

C. Refrigerator trucks shall be permitted to operate in any commercial or manufacturing zone at all hours; provided, however, that such use does not emit noise or vibration detrimentally impacting neighboring residential properties and the occupants thereof between ten p.m. and seven a.m. (Ord. 3924 § 3 (part), 1999)

If the cop can't provide evidence of my "loud music" then I should have little to worry about. (by evidence I mean the standards listed under B. such as the level of the noise and the level and intensity of any background noise)
Click to expand...

This is one of those "in the eye of the beholder" ordinances. In essence if the cop says you were too loud you were.

If it was noon in the middle of a manufacturing district or if there's was something louder going on at the same time you could probably make a case to the court.

But a residential area on a Sunday evening when most people are sitting down to dinner and you're the loudest thing going on? You don't have much of a prayer.

I'd go the "throw myself on the mercy of the court" route.
 
#49
Id rather have to go through this again then keep my mouth shut when I know the officer is wrong. A badge gives you the right to punish those with superior intellect to your own? It saddens me to see that so many of you would feed the ego of these pricks even more by keeping your mouth shut and avoiding a little court trouble. Worst that can happen is im out 250$, im a bit bummed by it all but its no biggie.
 
#51
The modifier said:
A badge gives you the right to punish those with superior intellect to your own?
Click to expand...


Yep. And just asking the question makes me question your level of intellect. I'm not a cop, just a bass player that understands that in the real world it doesn't have to make sense or be fair. Pick your battles wisely because I've seen what has become of some people with 'superior intellect' when they decide the law is wrong.
 
#52
The modifier said:
Our local sound ordinance states as follows:
9.22.030 Noise generally.

A. It is unlawful for any person to willfully make or continue, or allow to be made or continued, any loud, unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to persons residing within one thousand feet of the noise source.

B. The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but are not limited to the following:

1. The level of the noise;

2. The level and intensity of any background noise;

3. The proximity of the noise to residential sleeping facilities;

4. The nature and zoning of the area within which the noise occurs;

5. The density of habitation of the area within which the noise occurs;

6. The time of the day or night the noise occurs;

7. The duration of the noise;

8. Whether the noise is recurrent, intermittent or constant.

C. Refrigerator trucks shall be permitted to operate in any commercial or manufacturing zone at all hours; provided, however, that such use does not emit noise or vibration detrimentally impacting neighboring residential properties and the occupants thereof between ten p.m. and seven a.m. (Ord. 3924 § 3 (part), 1999)

If the cop can't provide evidence of my "loud music" then I should have little to worry about. (by evidence I mean the standards listed under B. such as the level of the noise and the level and intensity of any background noise)
Click to expand...



You read this and concluded you have little to worry about because it will be difficult for the cop to provide evidence of your being too loud?

Just the opposite. This is written so loosely that all the cop has to do is proclaim you were in violation and - "Voila!" - instant ticket.

Sorry, but your best bet is to plead for mercy from the judge or else write the whole thing off as a $300 learning lesson.
 
#56
Don't f*** with cops, they have more power than you. One time I was at a friends being fairly drunk and loud in his apartment and the cops got called. I heard the knock at the door and my buddy answered. When the cop looked inside, for some reason he targeted me out and asked me to step outside, but knowing my rights, I said no. We were watching Halloween 2 (old one) and when he asked me again I said no again, explaining that this is a good movie (I still lol at myself for that one) At this point he was supremely pissed and yelled "GET THE F*** OUT HERE RIGHT NOW!!!!" which finally persuaded me enough to do what he said. He was standing right in the doorway so to step outside I had to come face to face with him, at which point he threw a right elbow, busting my lip, and threw me to the ground and shoved his knee into my back so hard I had chest pains for a month. (This guy was like 2x my size at least). Later in intake when I said that I wanted to press charges for brutality or whatever, that same cop was standing there and told me that if I did say anything like that, he would tell the Judge that I was trying to swing on him.( I'm not that F-ing dumb for chrissakes!!!!) I was shocked by this and never brought it up, knowing the Judge would take his word over the long haired rocker scumbag anyday. He ended up telling the judge I resisted arrest anyways. The resulting week in county sucked a$$. (read an entire book, just to find that some a-hole had previously torn out the last 10 or so pages)

So I repeat my message
DON'T "F" WITH THE COPS!!!
 
#57
hbarcat said:
Sorry, but your best bet is to plead for mercy from the judge or else write the whole thing off as a $300 learning lesson.
Click to expand...

This ^

I once DJ'd a private party in a client's back yard. The area's noise ordinance was more specific, it had a 10PM limit.

It was loud. And I missed the 10PM mark by 2 minutes. I said good night and shut it down at 10:02. Hateful neighbors had the place staked out, cop right around the corner, pulls up to the house at 10:03 and writes the home owner a ticket.

I felt horrible. But I wrote a nicely-worded letter addressed to the court, and I advised my client to appear with my letter and a humble apology.

The homeowner got off with a warning from the judge (or the DA, I forget).

Humility and respect go a long way.

This ain't exactly Rosa Parks here. Some things are worth challenging authority over, some things simply are not.
 
#58
When you opened the door you "invited" him in.
RULE #1: Cops like [demand] respect, Don't mouth off. Don't be stoopid.
RULE #2: You cannot [ever] win your case by the side of the road... Minimize the damage. Keep your mouth SHUT. Save it for The Judge.
Your gender will not be relevant to the charge when you get to court.
Show up. On time. Dress well. Be respectful. Be prepared to be approached by the DA or prosecutor about a deal, they likely will not want to waste court time on this one... TAKE the deal.
 
#59
I'd do some research on the technicality of the wrong gender written on the ticket, but if you have to go to court for it just remember there is one law for us, and another for them, and they will use 'they're' version of it.
 
#60
Like almost everyone's already said, your best recourse is in court. You should have never opened the garage door in the first place, but that's already in the past. make sure you learn the rules they have to follow yourself to avoid similar situations in the future. Cops cannot do whatever they want, but you can help minimize your exposure and avoid BS from them. Sound like this guys another D-bag with a Badge and probably bullied guys like you in High-school, what better way continue the fun that be a Cop when you have no real skills other than bullying people. I've met some good cops, and plenty more a$$holes who would be getting thrown in jail by LE officers if they weren't on the force themselves. You'll never change these people, they're damaged goods. Just learn to keep them out of your business.
 

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