Legal Question in Administrative Law in California

The other night I was visiting my girlfriend and her housemates had a few friends over. We were being loud around 2 am and one of the neighbors called the police. The cops rang the doorbell and my girlfriend answered the door. He asked to see her id and she went back upstairs to get it. She attempted to close the door and he pushed against it and said to leave it open. I went downstairs to try to resolve the issue and the officer asked for my id. I showed him my id and he proceeded to write a ticket for a loud noise 24.05.010. He made an asummtion that there were 20+ people at the house by the amount of shoes at the front door. He said that people need to leave although people were from out of town staying over at the house. A few people that weren't staying over left and he said that more people than this needs to leave. He would wait outside until everyone is gone. After I got the ticket I simply closed the door.

Is there anyway I can fight the citation? I am not a resident of the apartment and my name is not on the lease. I was just in town visiting. Also, the time on the citation is noted wrong at 1:30 pm. Not sure if that helps at all.

Asked on 10/14/13, 1:20 am

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

The section you cite is probably for a municipal code and not knowing what town you were in, there is not much I can say. But I presume that it requires that you personally make a loud noise and since there were a number of people in the house, the state (through the officer) has the burden of proof. I doubt they can prove that you were the one making the noise.

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Answered on 10/14/13, 9:31 am

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