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guilty until you pay too much or lose your car


spaceace12

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http://www.thenewspaper.com/news/19/1955.asp

 

Basically, anyone can call the cops, say your car was making too much noise, even if you weren't, your car gets impounded, and could possibly pay upwards of 2k to get it back or lose it perm.

 

I see this law getting shut down quickly. Can you imagine if someone didn't like you!

 

This month the city of Rockford, Illinois will begin allowing residents to call the police and have any vehicle seized on the mere accusation that the car used a loud stereo system. Under an ordinance adopted August 20, police can impound any vehicle if police believe it is likely that it played loud music. Cars taken will be held until fines of $150 to $750 are paid -- in addition to a $75 towing fee, a $15 to $20 per day storage fee and a $60 per hour charge if the police officer has to wait more than an hour for the tow truck.

 

"No person shall operate... any device used to... reproduce any recorded sound if the device is located... in any motor vehicle on the public way and the sound can be heard from 75 feet or more from the device," Ordinance 2007-158-0 states in defining the new crime.

 

There is no requirement that a police officer responding to a complaint objectively measure sound levels with electronic equipment or even personally witness an alleged offense. Instead, the ordinance states that "hearsay evidence shall be admissible" and that property will be seized upon the assertion of probable cause.

 

If a motorist believes his car has been unlawfully towed on a Friday after 5pm, he may challenge the taking by "depositing a written request for a hearing in the silver drop box located behind city hall," according to the ordinance. The city must then respond by the following Wednesday. If the registered owner was not driving at the time the car was taken, he will be mailed a letter within ten days. After this time he is given less than fifteen days to request a hearing. The city may then wait another 45 days to schedule a hearing while storage fees accumulate up to $1100.

 

A hearing officer designated by Rockford will decide under a preponderance of evidence standard whether it is likely the motorist is guilty, in which case the hearing officer's employers will collect the fine and fee revenue from the motorist. If the vehicle's owner does not receive the mailed notice or cannot pay the fees within 30 days, the city will confiscate the vehicle permanently.

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Just a few things, I got curious and looked up the law...

 

First the officer must have probable cause before he can impound your car. Which does for the most part throw out the claim that you can be walking through a parking lot, see John's car (John stole your girlfriend, ran over your cat, and got the last peace of cake at the office birthday party the other day while you stood in line) and decide that you are going to claim that his music is too loud. Police wouldn't have probable cause if the car is just sitting there empty.

 

Also if your car does end up getting impounded, you only have to prove to a preponderance of the evidence that you're music was not that loud. Which in most cases shouldn't be terrible hard, especially if you are not actually liable for the offense.

 

For just $21,000 a year you can learn how to properly read statutes as well!

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As much as I peeve poor spelling and grammar, I really hate people who think its awesome to spend $1,000 on a new sub-woofer so that they can be "gangsta" and blare crappy music.

 

The law is a bit ridiculous, but at least its something being done to shut those people up.

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I was going to mention last night how poorly the news article was written. Even by a simple review of the statute, I was able to determine that the paper had made the new law sound much more dramatic than it really is. Most places I'm guessing have laws about loud music in the car, and if they don't you can always simply report that the person in the car is disturbing the peace. Again the officer must have probable cause, so when he is 2 miles away and can hear the music, you might have a problem. But if somebody just randomly reports your car, if he gets there and there is no evidence that the charge is true, I highly doubt he will have probable cause to tow your car.

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^^ While the average person probably wouldn't, the letter of the law does automatically believe someone who pleads not guilty. That's how "innocent until proven guilty" and "burden of proof" work. It's ultimately the accuser's responsibility to prove the accusation, and I'm fairly certain the same will apply to this law, which is not really that new in other areas.

 

Having taken some time read up on this law like everyone else has, my interpretation is that this "word of mouth" evidence pretty much adds up to "eye-witness testimony" which DOES carry some weight in all jurisdictions.

 

Although, I suppose we should be glad that federal-property terminology isn't being applied to this law. There it's only 25 feet. Personally I support these efforts. I totally support anyone's right to listen to whatever they want, but my neighborhood has quite a few people whose car stereos are often played loud enough to rattle some of my furniture across the floor.

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