dBs/Court

[TooMuchFun]

For those interested ... went to Henderson Court on the dB ticket this am.

I won, I won, I won, sort of and for now ... http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif.

Judge was really nice, I came up between two no insurance and driving with alcohol in the car cases, he had a neighbor who had a friend who owns an Advantage PartyCat and we talked boat specs for about 10 minutes (he brought up all the features he liked in the boat, I smiled alot, and I agreed with what a nice ride it was and how nice the lake is this time of year), I explained that I owned a dB meter and thought that I was close to compliance, and showed a pricing statement to him and talked about how I was working toward further compliance. He waived the fine ($107.00) and I paid a $35 court cost.

For those who don't frequent court, once you're ticketed you are presented with three plea choices:

Guilty: and the judge reduces the fine (or did so for all the ones I observed).

Not Guilty: and the judge sets a court date convenient with the ticketing officer and you plead your case with the officer present. According to the judge, the fine may then range from -0- and dismissal to significant increase + court costs.

No Contest: (what I opted for) the grey area where you may avoid admitting guilt, plead your case immediately, and come to terms with the judge on a monetary compromise between the initial fine amount and -0-.

My current position is to carry my receipts for silencer types that I may order and put on the boat some day and plead with whomever stops me that I am working on compliance and could you please give me a warning.

We'll see what happens ... I'm inclined to pay a few more low court fees before I drop a grand on silencers.

TooMuchFun

[Essex502]

Not to burst your bubble....but...it sounds like you lost the case but didn't get fined for your CONVICTION. I don't know how NV handles the noise issue but some of the states - CA now too - will escalate the fine for second, third and subsequent CONVICTIONS. So...the next judge may be an asshole and when your record comes up with a prior conviction you might end up paying an even greater fine.

Don't get me wrong...I am happy your citation came out as good as it did but there may be a problem downstream.

[TooMuchFun]

Agreed in part ... No Contest, no CONVICTION, just a citation for offense on the record which may stimulate some jerk to write an increased fine. Depending on the next citation, if and when it occurs, and the next judge and his or her disposition, I will either plead No Contest again and potentially go the muffler route as technology improves, or plead Not Guilty and see how the officer does in court (e.g., if he shows, how he argues, etc.) and then potentially bite the bullet and purchase the most amenable muffler system.

Also, and if I end up in court with an officer and a judge due to pleading not guilty the second time around, I can request the transcript of the original citation resolution with the first judge to support argument against the legitimacy of the first citation, the point that I pled no contest and argued that in fact I was not guilty, and bring to bear the boater sensitive disposition of the judge including the statement, "I've been around a boat like yours and they don't seem too loud or to be in violation."

The law is filled with shades of grey and ways to minimize the consequences of citations and infractions if armed with the knowledge for doing so.

For now, however, I am going to boat freely and noisily, and be happy in my own delusions http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif.

TooMuchFun

[titties and beer]

http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif 'now maybe some of these PUSSY'S, J/K,will fight their tickets http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/stare.gif ,CON GRADS TOM http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif

[beer hunter]

Congrats on the favorable outcome and keep us posted on your search for a muffler system that will meet the db requirements http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif

[Rude]

congrats tom!!! keep us posted on any further happenings!

[kevnmcd]

Glad to hear it, TMF. At least the judge was cool! http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/biggrin.gif

[ctm23]

I'm not sure about Nv, but in Ca a No Contest plea is the same as a Guilty plea. The only difference is a No Contest plea can not be used against you in any civil cases... I hope it is different in Nv.. I have a db meter I need to check my boat.. that 35 dollars could be better spent on Coors Lite silencers. http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/laugh.gif

[Essex502]

I would bet that "No Contest" is the same in all states. I'll ask the wife as Â*several of her attorneys are licensed in Nevada as well as California.

[TooMuchFun]

I know you guys are just trying to look out for my interests and protect me from going to jail or paying astronomical fines in future, and that's to be appreciated for sure http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/cool.gif

On the other hand, when you get down to brass tacks arguing point in a court of law, pleading No Contest cannot be construed as an assumption of guilt in later trial for the legal definition of the plea precludes admission of such.

In the case of running fast and loud I love it too much to proverbially bend over and take it from the man just yet. I may get raped later, and I may be deluding myself, but for now I'm willing to chance things a bit longer before spending substantial cash to run quiet and potentially slower. WHAT THE HELL DID I BUY THIS RIDE FOR IN THE FIRST PLACE? http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif. I could run quiet and slow in a fishing trawler or a houseboat.

TooMuchFun

[ex cracker]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (TooMuchFun @ Oct. 15 2003, 9:39 pm)</td></tr><tr><td id="QUOTE">I know you guys are just trying to look out for my interests and protect me from going to jail or paying astronomical fines in future, and that's to be appreciated for sure Â*http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/cool.gif

On the other hand, when you get down to brass tacks arguing point in a court of law, pleading No Contest cannot be construed as an assumption of guilt in later trial for the legal definition of the plea precludes admission of such.

In the case of running fast and loud I love it too much to proverbially bend over and take it from the man just yet. I may get raped later, and I may be deluding myself, but for now I'm willing to chance things a bit longer before spending substantial cash to run quiet and potentially slower. WHAT THE HELL DID I BUY THIS RIDE FOR IN THE FIRST PLACE? http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif. I could run quiet and slow in a fishing trawler or a houseboat.

TooMuchFun[/QUOTE]<span id='postcolor'>
Not trying to beat a dead horse but I think CTM is correct, But I agree with with you on everything else. By the way, other than the big horn sheep, who in the hell is the sound of a sweet big block bothering?http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/confused.gif

[Essex502]

TMF - yep...we're just lookin' out for another fellow boater! But, I wonder what the judge would have done if you had pleaded Not Guilty instead?

[TooMuchFun]

Moneypit -- I don't think the sheep really care http://www.lasvegashotboats.com/iB_html/non-cgi/emoticons/smile.gif. I got ticketed idling in to Lake Mead Marina and my sense is, though I could be wrong, that the houseboaters sipping cocktails on their decks and swimming in the dirty water are peeved at being disturbed by the noise of boats launching and returning. I've been yelled at by them before ...

Essex 502 -- The Not Guilty plea is the gamble ... a new court date is set at the convenience of the ticketing officer and the infraction is argued in front of a different judge. You win, fine is -0-, you lose fine can be increased exponentially, or you could compromise somewhere in between. I decided that No Contest in front of a smiling judge at the time would clearly be the better course of action.

I'm hoping to launch at times where the cops are a low probability presence, and check on the situation before I return, and stay far away from the crowded high probability officer patrol spots and see what happens next.

TooMuchFun