Almost DUI but only LOUD MUSIC

[I_Got_Banned]

I did have a magnetic advertisement attatched to the vehicle.
A for rent sign that I use to advertise apartments for rent.

is this a defense based on the exclussion

Uhm... Not by any stretch... Unless you had Linkin Park singing a commercial for you, their music has nothing to do with renting apartments!

what kind of fine am I looking at ?

Approximately $230

 

[BL]

**A: sounds crazy yeah.

Yeh , I had to get over myself .

Will there be a next time ?

And ,if so,what if not so lucky ?

 

[CdwJava]

now I didnt mention how it could have gotten worse.

I asked for a supervisor then I asked the officer if I could contact my attorney before signing the ticket. they agreed so far. then, since it was 12 AM I couldnt reach anyone that I knew, nor could I reach the topgundui.com.

I wouldn't have given you the time at midnight to try and contact an attorney. You are very fortunate that they agreed to allow it. I would have shrugged and advised you once again that by signing the citation you were not admitting guilt only agreeing to appear in court on the date and time indicated, and that your failure to sign the citation would result in your immediate arrest and the possible impound of your vehicle for safekeeping. And, yes, I have done this before.

So as I finally was signing my name I tried to add that I requested for a Lancaster venue. so both cops reached into the minivan and snatched the ticket book away from me.

You were not supposed to write anything else, and they were not legally obligated to allow that change.

Personally I wouldn't have cared if you wrote that because the request would be legally irrelevant. However, you were instructed to sign your name, not make additional comments so the officers were arguably within their rights to seize the citation back. It might also have resulted in your arrest, but that would be a stretch and I would not have wanted to try that one in court ... though I would have insisted you just sign the citation after I completed a new one.

I dont know what the big deal was but they were annoyed.

We get annoyed when people try to play roadside lawyer ... maybe we shouldn't, but we're human.

I guess they could have made it allot worse. But at this stage I need to work on a defense.

At this point your only real defense is that your music could no have been heard 50' away. So, when you cross examine the officer, you will have to try and emphasize his location with regards to your vehicle when he heard the music and hope you can show that he may not have been 50' or further from you when he heard it.

I was coming back from a city rent board meeting in which I have a business license in a minivan that I currently have posted the advertisement to rent out apartments.

And was the "music" an advertisement? I doubt it. If you even TRY that argument, bring your checkbook to court.

 

[sefnfot]

So you beat the rap on a near DUI, acted out at the scene, and you don't consider yourself lucky in this situation?

I do find myself lucky, and I realize that my judgement was impaired, I rarely drink and I will make sure to wait closer to 2 hours instead of 1 per drink.