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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111537
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Over the past two years, I have been subjected to a constant

Customer Question

Over the past two years, I have been subjected to a constant daily barrage of excessive noise from individuals driving vehicles with custom exhausts and stereos. After digging into this, I have come to the belief that the most pressing need is legal recourse
for families and individuals experiencing retaliation for reporting a loud vehicle. o Cases where drivers of vehicles with custom exhausts and stereo, following a warning or citation, retaliate against families and individuals filing the noise complaints are
extremely common. Cases where high noise drive byes stop are practically non-existent. o Small numbers of law enforcement officers, responsible for large areas and typical constraints that most county and municipal governments face; significantly reduces the
likelihood that a retaliation case will be tried in court. o Retaliation and harassment by the drivers of vehicles with custom exhausts and stereos often continues unimpeded for months and years. Despite working with local law enforcement and government -
noise on my road steadily increases every week. Other active cases exist across Knox County, Tennessee, all other states in the union and every Canadian Provence. No practical and actionable legal deterrent to this behavior exists. Families and individuals
experiencing on-going harassment need a real ability to bring these cases to court. What additional actions might I try?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The problem there is with taking legal actions here is that you have to file suit against the individuals responsible for the noise. So unless you can identify the specific individuals who are causing the nuisance by exceeding the noise ordinance levels, suing anyone is not legally possible. The only other way to try to resolve these matters is through going through the local government (mayor and/or council) and trying to get better noise ordinances passed and have them instruct their law enforcement to engage in more aggressive enforcement of those laws.

Civil litigation in these cases are wholly unsuccessful because of lack of identifying a specific defendant liable for the noise. If you have a specific individual, neighbor or construction company for example, then you can indeed file a civil suit against that individual in particular for violation of the noise ordinances and creating a public and private nuisance.

Customer: replied 1 year ago.
Thanks most kindly for your reply. In the case of Fretz Road, law enforcement and neighbors know who the individuals are, we have their address and the license plates of each vehicle. Even knowing who the individuals are, a fairly comprehensive and detailed log of each event including decibel logs, digital audio, video and IR, no complaints to law enforcement, multiple meetings with the county mayor and county reps, has made the slightest difference. They simply continue to get louder on a weekly basis.I will be attending a session with The County DA this coming week. I will be taking all of the data that I have collected over the past seven months, complaints from members of two churches, a nearby HOA and nearby apartment complexes.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you know who the people are, you can file a civil suit against each individual person for nuisance and seek damages from them personally. You can take that matter to civil court if the DA will not handle the matter.