Remember, I was parked and not driving on the highway. I want to fight this ticket. What do you think?

 No one called. As I was walking out the cop was walking in.  When he came out, he heard my trunk lid rattling. I had my windows rolled all the way up and the stereo was not even turned up. The bass just hits too hard is all. The thing is, I dont need this on my dmv record. My mvr has been clean for the last 6 years and it takes hard work to keep it that way.

 D'teach would be better able to answer this. Since it's not a moving violation I doubt it would go against your license.

I bet is you stood 60' away from the patrol car, you would hear his police radio.

Perhaps the cop should write himself up as well!

BayTrucker what have you decided?

 It's an ordinance violation not a moving violation as Techie put it. There was a person that paid the price for having his music turned way up here in Las Vegas last year. By saying paid the price, I mean he was shot and killed by Metro.

jennifer, you can think i'm too old all you want -- not too concerned at all about it.  i know what i can still do, and i'll match you in any physical activity you care to choose (except for dancing or gymnastics; multiple left feet!).

that said, realize, dear, that MY generation is the one in charge, and by the time yours GETS to be in charge, you'll feel much the same way we do about the generation coming up behind you!   (i never thought it would happen, either!)

bp - she is 37 years old.  Must be trying to hold onto her youth. 

I know that I am now paying the price for years of LOUD music....My hearing is noticeably diminished and I have had tinnitus for about the last 5-6 years.   

 BAY: more than likely, the manager of the 7-11 called you in for "public nuisance", and the officer wrote it up as a violation of CVC 27007. Since a public parking lot IS considered a highway (private property for public use), the citation SHOULD stand on its' own merit. In California, any public access constitutes a roadway, which is why we have speed limits, established by law, for parking lots (15 mph).

It's good to hear from you again, but not under these circumstances.

TR, welcome to my world!

i remember when i was 37 -- i still liked it loud sometimes, too. but i've been dealing w/ tinnitus for a good decade.  guess the loud stuff on top of the artillery i had to hear my last year in svc.,....

anyway, it's not age...it's mileage!!! 

It may not have been the manager. A customer may have made the call. Just how loud was the stereo?

Depending on the amount of the fine it may be easier and cheaper to just pay it.

I have had 5 tickets in one year for having radio/music too loud, but ALL of them are dropped due to my hearing impaired, and the judge was not gonna waste his time or my time with this ticket, once I told him that I'm deaf, it's automatically dismissed once I have the Audiologist report to prove it.

If this happen in a parking lot, the store manager/owner could have called the police for noise disturbance. You can try to fight it, but can't guarantee you'll win, maybe reduce the fine, depends on the judge's day.

Wish you best of luck!

 I have decided to just pay the dam ticket. Thats 100.00 less for me to spend on more cd's lol. D-teach pointed out to me that "a public parking lot IS considered a highway (private property for public use), the citation SHOULD stand on its' own merit. In California, any public access constitutes a roadway, which is why we have speed limits, established by law, for parking lots (15 mph) which I did not know. Oh well, I guessed I learned something new today.

You can either:

a) Fight the ticket and pay an attorney to get you out of it.  That way it won't be on your record, but you'll still have been punished (in the form of attorney fees).   

OR

b) Pay the ticket. 

If you pay the ticket, i is admission of guilt. 

Remember that.

sorry, as much as i support the freedom to choose one's entertainment, i have a problem w/ the choice you and a lot of others made here -- buying the boomer.  by doing that, you are deciding for me and others who DON'T like that stuff that we have to listen to it anyway -- that infringes on our rights and freedoms.

i've been told more than once by someone practicing this type of noise production that i should close up my house and turn up the tv;  this guy, who called me "cracker" a moment later as i walked away -- gutsy one, isn't he? -- tried to tell me that he had a right to do it because he was on private property.  the law here says that if the noise leaves private property, it's also considered a public nuisance.

the answer isn't "adjust your lifestyle, i'm enjoying mine";  you don't have the right to tell ANYONE that.  the answer is to keep the stereo adjusted so it doesn't thump so hard.  you want to thump as loud as you want, buy acreage in a valley or on an island.  sharing the city w/ others?  adjust yourself.  THAT'S the law.

oh, yeah -- just pay the ticket; you were out of line. 

 Noise pollution... thats a good way to pin point a ticket here in nyc. My hubby got one for noise pollution one time for 100$! His care alarm was going bonkers one night. Plus were there homes next to the 711? Could have been a home owner sick and tired of hearing loud music from cars in that parking lot.

I think I understand the nature of your question, which is, what constitutes a "driver" of a vehicle.

The statute appears to be written so as to assign blame to the driver, so that a defense can't be raised that the ticket should have been issued to a passenger.

At any rate, I don't believe it's a violation that would affix points to your record, and if it were me, and my stereo, I'd just suck it up and pay it.  If it does affix points, then the defense I would use is precisely the one you're driving at (pardon the pun) "I was not driving, therefore I cannot be a 'driver' under the statute.  It's a longshot, but if you're fixated on beating it, that would be my approach and I would check to see if any court cases in that state actually have led to a definition of a "driver" of a vehicle.

Anyway, I'd just pay the damn thing if it were me.  Don't do the crime if you can't do the time.  (G)

Note to PercyWong:  Here in Florida we also have the option of pleading "no contest" which specifically is *not* an admission of guilt, but we don't want to be bothered fighting it.  In general, points will not be assessed, but generally, we get stuck spending 4 hours in traffic school.

__ 

FL ROTC: In California, most of the Vehicle Code laws are written in relation to the driver. He or she is presumed to have control over not only the vehicle, but the occupants as well, hence the "permit the operation of..." statement.

Percy: "If you pay the ticket, i is admission of guilt." Not necessarily. Just as an acquittal in court does not mean a defendant is innocent (think O.J. Simpson), paying a ticket is not an automatic confession of guilt. Often, it is simply the easiest, and cheapest, way out. The citation ITSELF, is considered evidence of guilt, and can be fought, often successfully. 

What's this world coming to?  I could see this as a problem if the music was blasting in a neighborhood at 2 AM at a party...causing folks to lose sleep etc., but in a 7/11 parking lot, just for a few minutes...windows rolled up- base beating a little- Sounds like a dumb law...but it is what it is, I supose we need to abide? If you challenge the ticket...at least there is a change you may get it dismissed. worth a try...What's the rule? "Innocent until proven guilty"?

I'd say challenge the ticket...if you lose...then you lose! Nothing ventured-nothing gained!

salesman

salesman, i'm sure you've heard some of the worst offenders of thsi type of conduct -- there are clowns in my town that you can hear that bass beat 1/4-mile away!  it's pretty bad when you can hear a car you can't see!  truly, the word 'excessive' exists for reasons just like this one.

i, for one, got hooked on the beauty of quiet when i was overseas, living in small villages in central Germany -- my fellow troops made 90% of the noise those towns experienced!  if i'm sitting quietly in my house/on my porch, reading and drinking coffee, who are these nuts to decide i need to hear their garbage?  i know they're there, i can hear the engine and the hum of their tires; i don't need to hear Lil John & the Outsidaz along with it!

it's a little thing called respect for others, that's what civilization is based on.  every decision in a civilized society is based on compromise -- you get some of what you want, i get some of what i want, and we both make the best of it.  in this case, you (not you personally, i don't expect) can listen to whatever style of music you want;  i get to choose NOT to share the experience.

 Ah the thumpers that make me an instant crab, but the moment they're gone, I calm down.

The thing is anytime you pay ticket, It i always admission of guilt. that is why you pay it.

Read the fine print on the back of a ticket.

I only had to pay for two tickets, in the entire time have been driving.

I have been driving since, 1983

The first one was a speeding ticket, though a collage area at 1:30 am. Sign said " 25 MPH if anyone present".

remember those.

Now we have the flashing signs now, so now there is no dispute about it.

second one was my state inspection was outdated.

that was 6 years ago.

Percy consider this. Let’s assume the fine is $50, heck $150. The amount doesn’t matter until you reach a point.

BigPedaler- Point well received! It is all about respect isn't it? I've been on the streets as well and have been extremely aggrivated at some drivers as they approached with Boom-Boxes bigger that their cars, what's the point? What? I couldn't hear you...this idiot has his sound system to loud! Yep...pisses me off too!

salesman- in boom box city (Albuquerque) 

I bet this guy is saying "I wish I had just paid the fine" now

http://wcco.com/watercooler/watercooler_story_055214048.html

 Techie, understand what you mean. just pay it and move on. But if you feel you are not guilty of a crime would you pay for a fine no matter how small?

Let's say, for a fine of $25 for blowing through a stop sign, of course you would not do that , neither would I, but you got pulled over for it. would you still pay the fine, and admit to the guilt for that infraction?

Just courios. excuse the bad spelling.

If it were to happen today, yes I would pay the fine with no dispute. My insurance company allows me one incident every 3 years. I have near 20 years since the last incident.

salesman -- if al-b is boombox city, i'm convinced that fort wayne is boombox suburbs!! 

BayTrucker-

How much is the ticket? I know how you feel when you say that you want to fight it. Trust me, I had a speeding ticket one time that I really wanted to fight. So I decided to call the court to see what I had to do. The lady told me that I would have to pay all of the court fees involved in the case. She didn't say how much, but I'm sure that court fees are NOT cheap! So, if you really don't mind paying more than the ticket probably is to fight it, more power to ya! Good luck if you do decide to go to court.

Also, I have a sound system in my car. I highly recommend getting a Dynamat Trunk kit. It's insulation that you can have professionally installed. I have it in my car and I LOVE it!! It will completely stop or reduce the rattling. You might even want to do two layers of it if one isn't enough. I just checked for it on ebay and it's cheaper there than I have seen it anywhere else. Just do a search for 'dynamat trunk' and it will come up. They also have door kits and speaker kits. It's well worth it and it lasts forever! You can also install it yourself, but I watched my installation guy at Tweeter when he did mine, and it's a pain in the ass! It's super-sticky and you need perfect placement. Try it out!

I posted that last comment. I don't know why my username didn't post. I was logged in. 

 I understand most of te time it is easier to just pay for the ticket. But, you have to pay court fee, prosecuting attorney fees, public defender fee, baliff fee.

Each fee is about $100 a piece. So that is about $500,just to pay the ticket, not including the actuall fine it self.

Either way, you pay through the nose, or arm.

BayTrucker-

If you get the Dynamat, you can also ask the installer to put a few small pieces behind your license plate and it will completely stop the rattling. I had that problem before I got the Dynamat. Now, I have absolutely NO rattling from my plate or my trunk. I can't believe how cheap it is on ebay. I paid way more than that at Tweeter.

Sassygirl21 or you can be a bit more responsible and don’t turn up the music so loud.

If it's too loud, your too old! 

Jennifer that’s a narrow view. The youth today play their music much louder than we did.