Legal Question in Civil Rights Law in Massachusetts

Objectionable noise? is this right?

I was sitting in traffic. There was a police officer doing detail ( on foot) and a police officer in front of me in his car. At this time I was second car in line waiting at a red light. The police officer who was on detail was carrying on a conversation with the police man in his car who was also sitting at the traffic light ( in front of me). The light turned green I waited approximately a minute then gently tapped my horn. The police officer walked over to my window and asked if I had a problem, I said no but the light is green and I have an appointment to get to. He then told me to bad I'd have to wait. he then told me to put on my seat belt ( which I was at fault for) then before I got my seat belt on he told me to follow the police car in front of me. I did this and I recieved a citation for Objectionable noise $50.00 and $25.00 for no seat belt. Is there such a thing as objectionable noise? For honking my horn?


Asked on 6/17/03, 8:41 pm

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Objectionable noise? is this right?

I would appeal both citations.

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Answered on 6/18/03, 12:24 pm
Regina Mullen Legal Data Services, PLC

Re: Objectionable noise? is this right?

It shows a certain lack of self-preservation, given the breadth of police power, but this is what I suggest you do:

Contest the tickets and explain NICELY what happened. The more reasonable and non-argumentative you appear, the more likely the judge will believe your side of the story and knock off at least the horn honking thing. A witness wouldn't hurt.

Police OFTEN write tickets to punish because they know that they have the power to do things like "catch" you without your seat belt. Most people don't contest, because they're caught honestly. The cop only caught you, because you made a point of being noticed.

Next time, think about putting your seat belt on before honking at a cop. Or better yet, wait. This is supposed to be a democracy and police are supposed to be civil servants, but this is reality here.

Sorry to be so flip, but really!

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Answered on 6/18/03, 1:15 pm


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