Ticket for Excessive Tire Noise...
Apathy Kills
Joined: Nov 2002
Posts: 60,714
Likes: 0
From: The Left Lane
I'm no lawyer...obviously. But here's my 2¥.
Check the Code # you were cited for.
[90/16? is that County Vehicle Code? Civil Code?]
Confirm whether or not the offense is considered a moving violation.
If it is... then go to war..er..court.
h:
Check the Code # you were cited for.
[90/16? is that County Vehicle Code? Civil Code?]
Confirm whether or not the offense is considered a moving violation.
If it is... then go to war..er..court.
h:
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Card carrying badass
Joined: Mar 2004
Posts: 768
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From: Little Rock, AR
M.G.L.A. 90 Section 16:
No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe. No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.
No person, except a duly authorized person driving an emergency fire vehicle, shall operate a motor vehicle equipped with metal studded tires upon a public way between May the first and November the first; provided, however, the registrar may authorize the use of such tires before November the first, if weather conditions require the use thereof. Whoever violates the provisions of this paragraph shall be punished by a fine of not more than fifty dollars.
I'm guessing that the relevant portion for your offense would be "nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise".
Seems a little sketchy to me.
Also, the statute has been held to apply to public ways only, so you could say that you made the excessive tire noise in the parking lot, not in the street, and therefore the statute doesn't apply to you.
DISCLAIMER: I am not a lawyer and the above does not constitute legal advice.
No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe. No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.
No person, except a duly authorized person driving an emergency fire vehicle, shall operate a motor vehicle equipped with metal studded tires upon a public way between May the first and November the first; provided, however, the registrar may authorize the use of such tires before November the first, if weather conditions require the use thereof. Whoever violates the provisions of this paragraph shall be punished by a fine of not more than fifty dollars.
I'm guessing that the relevant portion for your offense would be "nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise".
Seems a little sketchy to me.
Also, the statute has been held to apply to public ways only, so you could say that you made the excessive tire noise in the parking lot, not in the street, and therefore the statute doesn't apply to you.
DISCLAIMER: I am not a lawyer and the above does not constitute legal advice.
Not a captian save a ho
Joined: Oct 2004
Posts: 99
Likes: 0
if i were you i would buy the nolo press book about the ticket laws in your state and read it asap.. my bro bought the book and hes gotten out of 3 tickets.. its really worth the money and it will help you for years to come on any tickets you or your friends get. its not about proving that you didnt do it its about making them spend more money then there getting off of you.
example: make them get a court stenographer
example: make them get a court stenographer
Joined: Jan 2004
Posts: 6,692
Likes: 0
From: Bethlehem PA
Thats the right civil code.
I would just pay the 50 bucks. IF you could pay it out than do it.
Not worth going to court.
If he shows up chances are you will lose.
Unless you could get a receipt saying you had a blown head gasket which was causing your car to blow out white smoke.
I would just pay the 50 bucks. IF you could pay it out than do it.
Not worth going to court.
If he shows up chances are you will lose.
Unless you could get a receipt saying you had a blown head gasket which was causing your car to blow out white smoke.