Marietta, GA asked in Criminal Law for Georgia

Q: What’s the loudest horn I can have in Georgia? And what’s the penalty for having a horn above the allowed limit?

Do the penalties get worse for repeat offenses?

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1 Lawyer Answer
Glenn T. Stern
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Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The Georgia Code says that "no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle." It does not offer a specific decibel output limit, so it would be up to the judge (or jury) to ultimately decide if the horn is "unreasonably loud or harsh." (O.C.G.A. § 40-8-70)

The penalty in most courts would be a fine, according to the local court's fine schedule. However, the charge (like most infractions in Georgia) is technically a misdemeanor, and as such the maximum penalty is up to 12 months in jail and up to a $1,000 fine. A prosecutor could very well increase the penalty for subsequent infractions, and the judge may agree with that recommendation.

If you're going to install an aftermarket horn, I would urge you to choose one that is not noticeably louder than the factory horn, and in general-no sound that is motivate an officer want to further investigate. At the least--you'll have to deal with the aggravation of going to court and trying to prove that your horn is "reasonably" loud and not "harsh," and that seems like a lot of hassle just to have an alternative sound. You're also essentially giving the police a free pass to stop you and investigate you further, potentially leading to additional charges.

Remember: horns are not toys, but equipment just like headlights and bumpers and are there for your safety and that of of others. Horns are only supposed to be used to give an audible warning "when it is reasonably necessary to ensure safe operation."

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