Legal Question in Traffic Law in Florida

I got a ticket today for "music plainly audible at 25 ft away" under florida statute 316.3045 (1). My music was louder but by no means a problem for others. I was in a parking garage when the cop (in an unmarked dodge charger and no police uniform) pulled me over (without a siren, I didn't even know i was being pulled over). I know that parking garage seriously amplifies sound as there is an echo. I know he was 25 feet away, but does the 25 ft rule apply when the area the music is playing in echoes throughout the garage? Would the fact that I was in a parking garage make a difference? Is there a legal precedent for fighting this?


Asked on 3/26/10, 9:37 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I'm afraid 25 feet means 25 feet. The echo in the garage means that you should have known that it could echo further, and therefore actually hurts your case. There is a possible constitutional free speech argument but those have usually failed since the government is allowed to regulate time, place, and manner of speech. Contact a local attorney and see if they can help you.

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Answered on 3/31/10, 1:21 pm


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