defective equipment

[DevinDare]

Dearborn , Mi
I've received a ticket for a loud exhaust from an officer, and took it to court to dispute because it wasn't my exhaust that was loud it was a belt, so I notified the judge it was a belt that I have since fixed. He still fined me, and I was told by the clerk if I want to appeal I have to pay the ticket to them and they'll give it back if the ruling changes and I couldn't afford my appeal. I feel like it's unfair to make me have to pay for an appeal she also said I'd have to pay to reschedule the court date because it was a bad day for me but I couldn't do that either unless I paid them first.

 

[HighwayMan]

I did not see a question in your post.

 

[DevinDare]

Sorry, my question is simply this. Can I argue that I'd still like to appeal his ruling, or is it useless to do so and he can essentially apply the "defective equipment" ticket to apply to anything that might have been making noise on the vehicle?

 

[quincy]

Sorry, my question is simply this. Can I argue that I'd still like to appeal his ruling, or is it useless to do so and he can essentially apply the "defective equipment" ticket to apply to anything that might have been making noise on the vehicle?

If you were ticketed under Dearborn's "Noise" ordinance, noise covers "any unreasonably loud, disturbing, unusual or unnecessary noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city."

So, loud exhaust or a loud belt would both seem to be considered nuisances under the noise ordinance in Dearborn. For a first offense, the cost is $75.00 (source: Dearborn's Municipal Code, Chapter 13, Nuisances, Article II Noise).

Dearborn courts may offer fee waivers. You could call about your eligibility, if you wish to appeal, but I am thinking the ticket you received covered the noise rather than the source of it.

 

[DevinDare]

Update : I went and payed the ticket it totaled 100 for the defective equipment , 30 as a late fee and 45 because they suspended my license. I also requested information on the fee waiver and was notified by the supervisor that the fee is mandatory for both rescheduling the case and appealing. And there is no application for bypassing that. I'm concerned about in the future if I want to appeal again how would I be able to considering I don't exactly have money to put as a deposit on court cases.

 

[Zigner]

Update : I went and payed the ticket it totaled 100 for the defective equipment , 30 as a late fee and 45 because they suspended my license. I also requested information on the fee waiver and was notified by the supervisor that the fee is mandatory for both rescheduling the case and appealing. And there is no application for bypassing that. I'm concerned about in the future if I want to appeal again how would I be able to considering I don't exactly have money to put as a deposit on court cases.

Why don't you just fix your car?

 

[quincy]

Update : I went and payed the ticket it totaled 100 for the defective equipment , 30 as a late fee and 45 because they suspended my license. I also requested information on the fee waiver and was notified by the supervisor that the fee is mandatory for both rescheduling the case and appealing. And there is no application for bypassing that. I'm concerned about in the future if I want to appeal again how would I be able to considering I don't exactly have money to put as a deposit on court cases.

Your license was suspended? There was more than just a noise ordinance violation paid late then, huh?

I think Zigner has the best solution to your problem of not having extra money available to fund court cases - don't put yourself in a position where you have to return to court.

If your car has caused you problems before, perhaps you can have work done on it for free at a high school or college that offers classes in auto mechanics. The students do a pretty good job (and their work is supervised and checked for safety).

 

[DevinDare]

Why don't you just fix your car?

The vehicle was repaired I replaced the belt and the noise had stopped ever before appearing in court for the case.

 

[DevinDare]

Your license was suspended? There was more than just a noise ordinance violation paid late then, huh?

I think Zigner has the best solution to your problem of not having extra money available to fund court cases - don't put yourself in a position where you have to return to court.

If your car has caused you problems before, perhaps you can have work done on it for free at a high school or college that offers classes in auto mechanics. The students do a pretty good job (and their work is supervised and checked for safety).

I appreciate the tips, I have done my repairs myself. And it wasnt ever ticketed as a noise violation the officer never did a decibel reading on the car during the stop.

 

[Zigner]

I appreciate the tips, I have done my repairs myself. And it wasnt ever ticketed as a noise violation the officer never did a decibel reading on the car during the stop.

It is not required.

 

[quincy]

The vehicle was repaired I replaced the belt and the noise had stopped ever before appearing in court for the case.

The civil fine, costs and assessments for either a defective equipment or a noise ordinance ticket would have been waived, if you took to court a receipt from law enforcement showing that the defect for which you were cited was corrected. But you had to do this within 20 days of being issued the ticket.

Based on the fact that you were assessed a late fee, I guess you didn't do that, huh?

I still do not understand your driver license being suspended. A license is not suspended for defective equipment or a noise violation.

Well, I wish you noise-free driving in the future, for your sake and your bank account's sake (and for the sake of the ears on those you pass on the street ).

 

[Zigner]

The civil fine, costs and assessments for either a defective equipment or a noise ordinance ticket would have been waived, if you took to court a receipt from law enforcement showing that the defect for which you were cited was corrected. But you had to do this within 20 days of being issued the ticket.

Based on the fact that you were assessed a late fee, I guess you didn't do that, huh?

I still do not understand your driver license being suspended. A license is not suspended for defective equipment or a noise violation.

Well, I wish you noise-free driving in the future, for your sake and your bank account's sake (and for the sake of the ears on those you pass on the street ).

...but it can be suspended for ignoring the citations related to the matter.

 

[quincy]

...but it can be suspended for ignoring the citations related to the matter.

Ah, yes. Duh. I even mentioned the late fee and then discounted it and moved on.

I guess the citation was paid really really late.

In Michigan, the court will issue a notice by mail 28 days (or more) after a person has failed to answer the citation (and you are already given 20 days to answer). A person then has an additional 14 days from the date of this notice to comply. If the citation is still not addressed, then the Secretary of State will notify the person by mail of a license suspension (MCL 257.321a).