unnecessary noise sec75(4)

Moderators: hwybear, Reflections, admin, Radar Identified, Decatur, bend

williamgordon_t
Newbie
Newbie
Posts: 1
Joined:

unnecessary noise sec75(4)

Unread post by williamgordon_t »

i got a ticket for unnecessary noise. i was turning, the cop said i squeeled my tires and i told him i didnt hear my tires squeel. how can i fight this?


Justdez
Newbie
Newbie
Posts: 2
Joined:
Location: St Cathariens Ontario
Contact:

Unread post by Justdez »

I Also had the same thing happen to me.
Justin Desmarais


User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined:
Location: Toronto
Contact:

Unread post by ticketcombat »

Both of you are lucky the cops didn't seize your cars and suspend your licenses under the street racing legislation.

Sec 75 is a strict liability charge. That means you being unaware should be a good enough excuse but you have to be very careful how you present it in court. Also make sure it wasn't an "extended squeal" like drag racing but more a short clip (ie hitting gravel or momentary loss of traction). Request disclosure to see the cop's notes on how he describes it.

Also examine the road for evidence that the surface may have contributed to the noise (ie. wet road, gravel, debris) and therefore it was not intentional. Also weather reports for moisture can come in handy.

Finally testify that you were in care and control of the vehicle, had no intention to make a noise or squeal the tires. But something happened: foot slipped on the clutch, didn't realize you didn't have traction, road surface, etc. You can be as creative as you want but the justice is going to look at whether your explanation was probable, that is, is your version likely what happened. So don't stretch it!

Good luck and good fight.
Fight Your Ticket!


cawilso1
Newbie
Newbie
Posts: 6
Joined:

same situation

Unread post by cawilso1 »

i was just in the same situation, i was crapping my pants hoping i wouldnt be charged under that new street racing law just for squealing tires. we're both lucky!






Post Reply

Return to “General Talk”