Question about Noise Ordinance Ticket

There was a party at my house(me & 2 renters). I went to sleep at 2am. The cops came at 3am, my roommate didn't answer the door because there were minors in the room. The cops came back 16 hours later (7:45pm) and gave us each individually an noise citation. He told us "I'm only giving you this ticket because of how much you inconvenienced me." He wrote the time of the ticket as 3:12am...I was asleep... In our City for a noise violation it must be 65 decibels+...there was 9 people here at that time in a well insulated house. The officers came originally because of a noise complaint, however our neighbor told us he couldn't hear a thing and he was out grilling at 3am. (The officer wrote the loud noise was a person observation.). In court could I ask for proof/sound equipment?

The officers gave EACH of us roommates (3 of us) an individual ticket...He never asked if we were even here that night? Just if we lived here. Two of us were long- asleep during the incident.

The officer lied about the time on the ticket and under the violation section he wrote "Loud noise."
-Personal Observation

I understand why he was there in the first place because of a call. But my roommate told me there was about 9 people left at that point. I can't imagine the officer hear "loud noise".
Would any of this information hold up in court? I don't believe it to be right that we ALL receive an individual ticket for just living here.

I would also like to add that at 3am the officer(s) never gained entry into the house. If this officers claim of "Loud noise" by personal observation was true wouldn't he have the right through probable cause to have entered our house? Seeing as how he didn't wouldn't that prove that indeed he did not.

Attorney answers (1)

Licensed in TX

Richard Alagood

Denton Real Estate Attorney

Contributor Level 4

Answered May 03, 2012 07:23. I recommend that you seek the legal advice of a qualified criminal defense attorney. The type of citation you received is criminal in nature and unrelated to civil real estate issues. If you would like a referal to a criminal defense attorney, please feel free to call our office and ask for Michelle, (940) 891-0003.

Thank you for your inquiry. Please be advised that this office handles the type of claims that you indicate in... more

Question about Noise Ordinance Ticket

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Attorney answers (1)

Richard Alagood

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