The emergence of “hip-hop” music and culture over the last twenty years has been a catalyst for numerous changes in our society. Even if you do not subscribe to this brand of music, you have undoubtedly heard the deep baselines that define the genre emanating from neighboring vehicles as you sit in traffic. Many individuals find this noise unpleasant and distracting when played at high volumes. Organizations such as “Noise OFF” or “The Right to Quiet Society” have launched various campaigns to put an end to this and other types of noise pollution.
In an effort to reduce noise from car stereos, the Florida legislature enacted Florida Statute § 316.3045. This law originally made it unlawful to play your car stereo at a volume that could be plainly heard from 100 feet away. A recent amendment to the statute has reduced this distance down to only 25 feet. Thus, police may now stop a vehicle if they can hear music playing from the vehicle from at least 25 feet away. While a violation of this law is not a criminal offense, but rather is categorized as a “civil traffic infraction,” we strongly suspect that the police will use the relaxed decibel level as a new tool designed to stop a “suspicious” vehicle so as to uncover more serious offenses. Thus, a traffic stop predicated from a simple noise violation could potentially lead to various other charges. For instance:
The driver of the vehicle may have an outstanding warrant, or be in violation of a court imposed curfew, leading to criminal charges;
The investigating officer could smell alcohol on the driver’s breath, or observe other signs of impairment, leading to a DUI investigation;
Contraband in plain view could reveal evidence of drug possession, giving rise to criminal drug charges;
The investigating officer could smell the odor of burnt marijuana emanating from the driver, passengers, or the car itself, leading to a subsequent search of the vehicle and drug possession charges;
The driver of the vehicle may have a suspended or otherwise invalid license, subjecting them to a criminal traffic arrest;
Because the distance for a car’s stereo to be “plainly audible” has been so drastically reduced, police now have a license to make traffic stops that they suspect could lead to the discovery of more serious misdemeanor and felony violations of the law. This law has significant potential for abuse, allowing police officers to make otherwise arbitrary traffic stops under the guise of a noise violation.
If you find yourself charged with a traffic ticket or criminal offense that arose from a traffic stop in St. Petersburg or Clearwater, we are Pinellas County criminal defense attorneys who can help. We can examine the legality of the stop, as well as discuss other defenses and possible solutions that are in your best interest.
Call for a free consultation to discuss your options: (727) 578-0303
The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702
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I think that this noise violation change is all bs. If they do change the law to the point where I will have points added on the license, then I will not stop blasting my stereo. It will make me do it more in fact. If they want to stick it to me then I'll stick it to them. It is clearly not a moving violation, so if they make it so, it will not be right.
Posted by: Robert | October 17, 2009 at 11:44 AM