Dang got a ticket today for "unnecessary noise" HTA 75(4) | GTAMotorcycle.com

Dang got a ticket today for "unnecessary noise" HTA 75(4)

1

1niceR6

Member
Hey GTAM,

As my title states I was hit with a "Unnecessary noise" ticket.

I was just dropped off the girlfriend @ work, exited her work, making a left to go north on Bay street. Due to a incoming car heading south on Bay I gave it some gas, tires screehed (could be the crappy motomaster tires? or salt, sand) then a cruiser came up & pulled me over to the side. He told me that I came out pretty quick, I did admit to it because of the incoming car, then he asked for my papers and came back with the ticket.

The car is a 2007 Kia Spectra5 (hers), its pretty torquey for a 2.0L LOL, well coming from a beater / DD 1.5 Tercel :(

I'm going to fight it, I called redline & waiting for a call back from fooch? Any input or advice would be appreciated.

Thanks in advance.
 
I would fight this one without redline, no need to spend $$ on a very minor ticket. I am pretty sure this has no affect on your insurance or driving record... I would either ask for a reduction of the fine or just pay it. It's a pretty minor ticket.

D
 
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I agree with DRZSMDUDE. The worst that can happen is you pay the fine so no point in spending money to fight it. How much was the ticket anyway?

That's a dick move on the officer's part. Who tickets for chirping tires in the winter? It's not like you were intending to be noisy or that your car was in such a bad state of repair that it was making a racket. Even if it happened at night it's not exactly a residential area so who would you be disturbing? Must've been a slow ticket day for him.
 
I appreciate the reply guys, the ticket is $110. I was hoping for him to just come back with a warning but when he took long and came out with that green paper I was so mad!

The thing is I have a speeding ticket I got a few years back, I think it was less than two years. If I pay the fine, would that ticket + the speeding ticket affect insurance?!
 
It seems as though it would be easy to fight

Unnecessary noise
(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).
 
1niceR6 said:
I appreciate the reply guys, the ticket is $110. I was hoping for him to just come back with a warning but when he took long and came out with that green paper I was so mad!

The thing is I have a speeding ticket I got a few years back, I think it was less than two years. If I pay the fine, would that ticket + the speeding ticket affect insurance?!
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The experts can correct me if I'm wrong here but I believe the green tickets are just by-law infractions and not moving violations, thus, no points and insurance doesn't give a crap.
 
id say go fight it on your own, ive got a noise violation before and i filed the paper work to fight it in court , instead of getting a court date they sent a letter stating that the ticket was never filed from the officer so i didnt have to go to court and no ticket
 
AF4iK said:
The experts can correct me if I'm wrong here but I believe the green tickets are just by-law infractions and not moving violations, thus, no points and insurance doesn't give a crap.
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Yeah your right, after he issued the ticket he said no points. Then I asked if its a moving violation, he said no. Also asked if it will affect insurance and he said "no it shouldn't" But the ticket is under the HTA so from what I've read so far insurance will look at it as a minor offence but some people say it may or may not... so I guess its a 50/50 chance :(
 
Fontes59 said:
id say go fight it on your own, ive got a noise violation before and i filed the paper work to fight it in court , instead of getting a court date they sent a letter stating that the ticket was never filed from the officer so i didnt have to go to court and no ticket
Click to expand...

Lucky you!
 
AF4iK said:
The experts can correct me if I'm wrong here but I believe the green tickets are just by-law infractions and not moving violations, thus, no points and insurance doesn't give a crap.
Click to expand...

no, all part 1 provincial offences (includes bylaws on same ticket) tickets are now green as of last march.
 
that kind of ticket, a set fine of x amount. the other type is part 3 which would be stunt driving, no insurance, suspended driver etc. it will be a summons to court instead of a fine.
 
I spoke to Forch from Redline and he told me to fight the ticket so that's what I'll be doing.

I dropped my girlfriend off again @ work and I didn't even realize that there was street car tracks! So that could have been an issue as well with the tires sreeching and trying to grip.

I'm going to tell the judge / prosecutor my story in the original post + salt, sand, street car tracks, crappy motormaster tires, & not used to the torque of the car.

I also spoke to my girlfriends dad regarding the ticket, he also got the same ticket when he got his SRT10 (I can see why LOL) He told the courts that his tires were almost down to their wear bars and was on the way to get new tires, ticket dismissed.

Do you guys think I stand a chance with my side of the story?!
 
You will get your way in court.

It should be noted that you were making a left and had to give gas.
It was reasonable for the screech, cold weather, and also incoming traffic (Proceed if you believe it is safe to do so). Also, you were driving your girlfriends car so that means you are not used to the vehicle.
 
Just a heads up points mean nothing to insurance.They only look at tickets as a minor or major offense.Fight every ticket as you never know when you will get another.
 
^ Thanks guys.

Should I request disclosure so I can see the officers side of the story? Am I able to get one before a court date is even set? Or is this not even needed for this ticket?

Do they still give the option of meeting with the prosecutor before trial?
 
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  1. Fight it.
  2. It is a moving violation under the HTA. You were in a vehicle, it was moving.
  3. Follow all steps for fighting a ticket as outlined in the stickies above.
  4. Get disclosure.
  5. Don't say you have crappy tires or don't know the power of the vehicle you're operating. Basically you're saying you shouldn't be driving that vehicle.
  6. The key points to me are the salt and debris on the road.
  7. Either the cop was being a dick or this isn't the whole story.
 
imo - request option 2 to speak with the prosecutor by yourself, see if you can resolve it there. if you cant then request a trial and hire redline.
 
"He told me that I came out pretty quick, I did admit to it because of the incoming car"

You admitted to accelerated faster than needed because you tried to go before another car who had the right of way?


Blaming the road/salt conditions is B-S, because as the driver, you are responsible for ensuring the car is equipped to safely drive in those conditions AND you're supposed to adapt your driving habits to the road conditions. That's just getting the question "how were your tires? how powerful is the car?". And pretending to be an idiot and not knowing anything about the car you own won't fly.

Salt and Debris on the road means you were responsible for being more careful.
 
Under that definition of unnecessary noise, your situation does not fall into that category. Should be easy to fight. You were not doing a burnout. It was not intentional.

AFAIK there is no law on acceleration.
 
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