7.746 — EXCESSIVE USAGE OF A HORN

Violations of "Statute 7.746" results in an Infraction and a fine of $85

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(a) Definitions

Excessive usage of a horn refers to the continuous or unnecessary sounding of a vehicle's horn, which is typically intended as a warning or alert to other drivers or pedestrians. The law prohibits the use of a horn except for situations where it is necessary for safety or to avoid an accident. Continuous or inappropriate honking that causes a disturbance or is done without a legitimate reason is considered excessive.

(b) Elements

To establish the offense of excessive usage of a horn, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant operated a motor vehicle equipped with a horn.

• The defendant sounded the horn in an inappropriate or excessive manner, such as honking repeatedly or continuously without a valid safety reason.

• The horn was used in a way that disturbed the peace or created a nuisance, such as excessive honking in a quiet area or during late hours.

• The defendant had knowledge or should have known that their use of the horn was unreasonable or unnecessary.

(c) Defenses

Defenses against a charge of excessive usage of a horn may include:

• The defendant used the horn in a reasonable manner to alert others to a potential danger or hazard.

• The defendant was in an emergency situation where the use of the horn was necessary for safety.

• The defendant was unaware that their use of the horn was excessive or disturbing.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The horn was used excessively in a residential area, creating a disturbance.

• The defendant's actions caused a traffic hazard or delayed the flow of traffic.

• The defendant has a history of similar traffic violations, indicating a pattern of disruptive behavior.