Legal Question in Criminal Law in Ohio

Noise Ordinance

I was recently pulled over in the City of Akron forviolating a noise ordinance in my vehicle. I was then placed under arrest and my car impounded. My question is, did the officer have the right to do this? I didn't think i could be arrested for smething so petty. Also he searched my car before impounding it, never asked for permission [i seem to recall that being a requirement from what i learned in high school] nor did he provide a search warrent.

Also on my citation there are no distances marked [just ''i heard him aproaching the intersection of...''] nor does it say he heard me aproaching from any specific place, just that he heard me aproaching in general. Is this arguable in court, as the law states he must hear me from 100 feet or further.

I am fighting this as i believe it is a severe punishment for a first time offender.

- SjS


Asked on 3/19/03, 7:57 am

1 Answer from Attorneys
Daniel Chaplin Daniel S. Chaplin

Re: Noise Ordinance

AS usual in the law you are right & you are wrong. The US Supreme Court Recently Ruled that the police may arrest a person for a minor traffic offense. The Ohio Supreme Court has ruled that you may not be arrested for a minor traffic offense. The Ohio Supreme Court has not revisited the subject since the US Supreme Court made it's ruling. Th noise ordinance is another can of worms with all sorts of fun things to bring up.

If you want to raise all these issues you will need help and lots of it.

Good Luck

DC

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Answered on 3/19/03, 8:34 am


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