Unauthorized Use of Emergency Audible Device

My question involves a traffic ticket from the state of: Iowa

Hello,
I received a ticket for unauthorized use of an Emergency Audible Device (excessive use of my horn). On the ticket I received, It was check-marked traffic but not check-marked navigation. Would this be a moving violation or just a standard traffic ticket? Thank you for your time.

My I suggest that potential responders review the posting hx.

Posting Hx?

what was the code you were ticketed for violating?

This one?

Quote:

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Quoting Iowa Code, Sec. 321.432 Horns and Warning Devices.

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Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with the horn but shall not otherwise use such horn when upon a highway.

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Yes looks like it. I had an officer look it up at the police station where the officer that issued it is from and said since it wasn't checked navigation it is not a moving violation.

Friggin' horny teenagers.... :D

You mean like these?

http://static7.depositphotos.com/116...imal-horns.jpg

The issuing officer took the time to contact the dis. attorney and he does not know either. I contacted the DOT, they are calling me back tomorrow after the lady does some looking.

Quote:

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Quoting MrSchulz

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Would this be a moving violation or just a standard traffic ticket?

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According to the Iowa Dept Of Transportation Driver Improvement Program webpage, a moving violation is defined to include all violations not specifically excluded by Iowa Code § 321.210. (Examples of excluded violations include parking violations, failure to appear, equipment violations, registration violations, or disturbing the peace with a motor vehicle).

321.210 Suspension.

1.

a. The department is authorized to establish rules providing for the suspension of the license of an operator upon thirty days’ notice and without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

(1) Is an habitually reckless or negligent driver of a motor vehicle.

(2) Is an habitual violator of the traffic laws.

(3) Is physically or mentally incapable of safely operating a motor vehicle.

(4) Has permitted an unlawful or fraudulent use of the license.

(5) Has committed an offense or acted in a manner in another state or foreign jurisdiction which in this state would be grounds for suspension or revocation.

(6) Has committed a serious violation of the motor vehicle laws of this state.

(7) Is subject to a license suspension under section 321.513.

b. Prior to a suspension taking effect under paragraph “a”, subparagraphs (1), (2), (3), (4), (5), or (6), the licensee shall have received thirty days’ advance notice of the effective date of the suspension. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, the filing of a petition for judicial review shall, except for suspensions under paragraph “a”, subparagraph (3), operate to stay the suspension pending the determination by the district court.

2. In determining suspension the department shall not consider the following:

a. Violation of motor vehicle equipment standards if repairs are made within seventy-two hours of the violation and satisfactory evidence of repair is immediately sent to the department.

b. Violations of requirements to install and use safety belts, safety harnesses, and child restraint devices under sections 321.445 and 321.446.

c. Parking violations, meaning violation of a local authority parking ordinance or violation of sections 321L.4, 321.366, subsection 1, paragraph “f”, and 321.354 through 321.361 except section 321.354, subsection 1.

d. The first two speeding violations within any twelve-month period of ten miles per hour or less over the legal speed limit in speed zones having a legal speed limit between thirty-four miles per hour and fifty-six miles per hour.

e. Violations of section 321.276.

That makes a violation of Section 321.432 Excessive Use of Horns and Warning Devices, a moving violation!