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Noise Violations... How to fight it in court?
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| zeKsg |
So I had a party 2 weeks ago, and I got a few noise complaints(obviously not the first time) this is the 2nd year I get complaints from bylaw and my neighbors basically love me :P
The cops came at 5am said they got the call at 2am and told me that they could hear music standing outside my house(only because the door to the basement the front door, and my greenhouse door was open. We went inside and turned down the music, and as soon as he started driving away we turned it back up(not realizing that we need to close the doors for the mids not to reach outside, my basement is underground so the bass doesnt travel outside the house and if you close the doors you can't hear the music at all either).
As he was leaving he got another call, came back and told us to shut it off, which I did.
He didn't fine me and gave me kind of a final warning. <--- this is my main argument I want to use in court.
After I went outside we closed all the doors and turned the music up again, you could hear nothing outside with the doors closed. The cop didn't come back, I thought it was all cool, music shut off around 7:30 am and people went outside to the pool to chill...
2 weeks later a bylaw officer is waiting at my door after work. The officer already gave me warning for my previous parties and obviously doesn't like me. So she proceeds to give me a ticket of 380$ saying that there was more complaints after the officer left my house the 2nd time the day of the party.
Even if there was complaints I do not see the officer come to my house and prove that the noise was too loud at this point.
I have no degree in law and am really just trying to see what are my chances here, I know getting a reduced fine won't be a problem, but I don't want to pay nothing and obviously I want to plea not guilty.
Anyone fighting noise violation cases in court before? |
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| Dj Nacht |
| I would get a lawer because I hate losing to police, I rather give my money to a lawer than the police. This could end up costing you more or a less depending on what the lawer has to say. You could probably even pull it off yourself if you can manage to educate yourself enough to defend against the prosecutor or whoever will be trying to nail your ass. |
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| Dj Nacht |
Court Appearance
The noise-violation ticket will summon you to a court appearance on a specific date. The "court appearance" is nothing more than showing up at the designated location and time and pleading guilty or not guilty on a form. It is only if you would like to speak with an town court official that your court appearance will require more conversation. I highly suggest you speak with court official as just by doing this, you are likely to greatly reduce the fine. This will allow you to argue your case. Bringing a powerful character witness often helps as well. However, if this is your first noise violation ticket and you do go speak with the court official you are highly likely to get the minimum fine. |
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| malek |
pay it, no way in hell you're getting away.
5am are you retarded? |
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| zeKsg |
It's a house and my basement is sound proof, time is not of the essence here... The problem was the people going outside to smoke leaving the door open.
There is no way I am pleading guilty... The worst I could get is a reduced fine since it is my first offense...
I want to win this, there is no proof that the music was turned up when the officer left, there is no way my neighbor will go to court as a witness, most likely they will drop the case.
And if he does come I will know who it is. Which is even better :whip: |
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| Schadenfreude |
| quote: | Originally posted by zeKsg
my basement is sound proof |
obviously not lol.
the neighbours don't have to show up at court because an officer came to your house and issued a warning. You are going to lose this one. It is your word against theirs, and in the matter of fines, unless you have proof their word wins. |
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| mmax24 |
| lolll zek ur a retard |
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| Ravemontreal |
Dude, pay the bill and just don't do it again.
If I was your neighbor I would have already kick your ass by now.
Noise is noise. Rather it's music or people talking outside, doesn't matter. Your house is not a club.
Instead of thinking about how to fight in court, how about you think of your neighbors not sleeping at 6 am and have to call the police 4 times? |
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| zeKsg |
I am kinda with nacht on this one though in terms of paying to police...
and 400 bucks for the first offense is kinda steep. If it was like 100-200$ I would get some friends to pitch and we would just pay it.
But I have learned to never plea guilty to things like these cause for any kind of traffic violation even if you "show up to court" (plea not guilty and set a court date) and ask for a reduced sentence u get it, unless it is something serious.
If you think I am ridiculous for thinking I can win this, you guys should look up some precedents cause it is not actually so black and white when it comes to noise. |
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| Enjoy |
i'm surprised it's only 380, i would think trainwrecking woodpecker techno would fetch at least 500
:gsmile: |
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| Marcus007 |
pay it... you have zero chance of winning in court... if you're going to play music make sure you shut all your window and doors...
It's ok to have a party in your basement just make sure no noise sneaks outside. Whenever I have parties in my basement I always go outside and have a listen to make sure no sound is escaping...
Sucks for you but just pay the ticket and move on. :)
Plus putting the music back on after your second warning was not a good idea... you're lucky it isn't a higher priced ticket |
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| princesultan |
| this thread is great. |
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