Need legal advise
#11
05-16-2010, 06:44 PM
Does the officer not need to prove that the exhaust is louder than 79 dB A?
It says here that the sound level limit is 79 dB A.
The burden is on the officer to prove that GT3Ranger was in violation of the law, which can only determined by measuring the sound level. The officer did not do that. He looked at the exhaust, and wrote the ticket. You don't measure sound with your eyes. It requires equipment.
It says here that the sound level limit is 79 dB A.
The burden is on the officer to prove that GT3Ranger was in violation of the law, which can only determined by measuring the sound level. The officer did not do that. He looked at the exhaust, and wrote the ticket. You don't measure sound with your eyes. It requires equipment.
This is the relevant portion of the statute:
(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.--
(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.
(b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified.
Nothing in the statute requires the Officer to whip out a decibel meter and measure the exhaust note--for the same reason why a visual estimation is a perfectly acceptable method for writing a speeding ticket unless the individual state's statutes specifically forbid it.
If the Officer hears it, reasonably believes it to have been modified to be louder than stock, he can write the ticket (though, I admit, he's a bit of a dick, not to mention, he's probably got it out for you for something else entirely).
It might not be accurate, and it might not even be correct in certain circumstances, but that's for you to challenge in court.
#12
05-16-2010, 10:05 PM
How to beat it: Have an audio shop test the sound levels from 50 feet away.
(#1 it can't be louder than stock, even if stock is 51 dB A.)
Under 30mph the limit is 72 dB A
Over 30mph the limit is 79 dB A
Some of the locals' experiences with this law:
(#1 it can't be louder than stock, even if stock is 51 dB A.)
Under 30mph the limit is 72 dB A
Over 30mph the limit is 79 dB A
Some of the locals' experiences with this law:
illegal exhaust? - OrlandoForums.com :: #1 Online Community for Central Florida
"Long story short, Ive been cited for the same, and had the case thrown out. Best bet is to do what I did and go to a legit audio shop, perform the tests on film. If your car emits sound less than those limits (it should) then point out the fact that even if the officer was testing you with sound testing equipment, you were nowhere near the legal limit. The argument need to be made is ; although your exhaust is not stock, its not louder than stock."
"As far as testing your cars db level I know the Orange County Environmental Protection Department has the testing device and a trained tech. Call them and see if they can test it or recommend a place for testing."
Attention: Florida Exhaust Laws, Read Before Posting! - Tampa Racing
"There is also nothing in this statute which says the officer has to use a decibel meter to measure your exhaust. It does not have to be louder than a certain decibel to be illegal. It simply has to be louder than stock. While the law instructs specific areas to set their own methods of measurement, it does not take a decibel meter to figure out if an exhaust is louder than stock."
"You can beat it because I did. It states in the statue: "a maximum decibel level to be established by regulation of the department of Environmental protection as provided in s 403.061. There is no level that your veichle can hit. thats how i fought it, and thats how I won. There is a gray line. Period."
"Recently had a run in with the law over my Civic exhaust..Called the state dept. and the DEP..And this post is very true, you can fight it based off the states brush off to the DEP, and the DEP brushes it off to another dept. And the last people it gets dropped on never put in a limit, so not saying it will get the cop to go away, but atleast if you have time for court it will in the end be dropped untill someone picks up the ball and gives a solid Db lvl and state cert. testing areas."
"Long story short, Ive been cited for the same, and had the case thrown out. Best bet is to do what I did and go to a legit audio shop, perform the tests on film. If your car emits sound less than those limits (it should) then point out the fact that even if the officer was testing you with sound testing equipment, you were nowhere near the legal limit. The argument need to be made is ; although your exhaust is not stock, its not louder than stock."
"As far as testing your cars db level I know the Orange County Environmental Protection Department has the testing device and a trained tech. Call them and see if they can test it or recommend a place for testing."
Attention: Florida Exhaust Laws, Read Before Posting! - Tampa Racing
"There is also nothing in this statute which says the officer has to use a decibel meter to measure your exhaust. It does not have to be louder than a certain decibel to be illegal. It simply has to be louder than stock. While the law instructs specific areas to set their own methods of measurement, it does not take a decibel meter to figure out if an exhaust is louder than stock."
"You can beat it because I did. It states in the statue: "a maximum decibel level to be established by regulation of the department of Environmental protection as provided in s 403.061. There is no level that your veichle can hit. thats how i fought it, and thats how I won. There is a gray line. Period."
"Recently had a run in with the law over my Civic exhaust..Called the state dept. and the DEP..And this post is very true, you can fight it based off the states brush off to the DEP, and the DEP brushes it off to another dept. And the last people it gets dropped on never put in a limit, so not saying it will get the cop to go away, but atleast if you have time for court it will in the end be dropped untill someone picks up the ball and gives a solid Db lvl and state cert. testing areas."
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