“Ice Cream Trucks vs. Boom Boxes”: How We Beat the Noise Statute (For a While)

By: John Guidry

Think back to your sixth-grade civics class. Remember the separation of powers? The Legislature passes laws, but the Judicial Branch has the final say on whether those laws are fair. Believe it or not, these concepts are real, and they just saved thousands of drivers from a pretextual police stop.

The Statute (F.S. 316.3045): The law prohibits amplified sound from a motor vehicle that is “plainly audible” from 25 feet away.

• The Reality: Thousands of drug charges in Orlando start with this simple noise violation. It is the ultimate “Pretext Stop.” Police hear a thump, pull you over, smell weed, and search the car.

Did police pull you over for loud music and then search your car?

The stop might have been illegal. Call John today at (407) 423-1117.

The Constitutional Flaw: Freedom of Speech

Why did a Brevard County Court (in State v. Both) and eventually the Florida Supreme Court declare this law Unconstitutional? Because it played favorites.

The statute contained an exemption:

• Illegal: You playing music loudly.
• Legal: A business or political vehicle playing amplified sound loudly.

The “Ice Cream Truck” Argument: Under the old law, an Ice Cream Truck could blare “Pop Goes the Weasel” to attract children, and it was perfectly legal. But if you played the exact same song at the exact same volume from your Honda Civic, you went to jail.

• The Ruling: The Court held that this was a Content-Based Restriction on Free Speech. The government cannot favor “Commercial Speech” (advertising) over “Artistic Speech” (music).
• The Result: Because the law discriminated based on the content of the noise, the entire statute was struck down. For several years, police could not stop you for loud music.

John’s 2026 Update: The Legislature “Fixed” It

Note: In 2012, we celebrated the death of the Noise Statute. In 2026, it is back from the dead and stronger than ever.

1. The New Statute (Effective July 1, 2022) Angry that they lost the “Pretext Stop” tool, the Florida Legislature rewrote F.S. 316.3045.

• The Fix: They removed the unconstitutional exemptions. Now, the law applies to everyone.
• The Current Rule: It is unlawful for any person (business, political, or private) to play audio that is plainly audible from 25 feet away.
• Why it’s Legal: By banning all loud noise equally, the law is now “Content Neutral,” satisfying the Supreme Court’s requirements.

2. The Return of the Pretext Stop In 2026, the “Loud Music Stop” is once again the #1 excuse for police to detain drivers.

• The “25 Feet” Standard: This distance is incredibly short (less than two car lengths). If a cop is sitting at a red light behind you and can hear your bass, that is probable cause for a stop.
• The Defense: Since we can no longer argue the statute is unconstitutional, we now argue “Plain Audibility.” We use dashcam audio to prove the music wasn’t actually that loud, or that the officer’s windows were down, making his “audibility” claim unreliable.

3. “Noise Cameras” are Coming Some Florida cities are experimenting with automated “Noise Cameras” (similar to Red Light Cameras) that measure decibels and mail tickets automatically.

• The Fight: We are currently challenging these automated tickets based on the “Confrontation Clause”—you have a right to cross-examine the “ear” that heard you, and you can’t cross-examine a microphone.

Turn It Down or Get Pulled Over

The “Golden Age” of loud music freedom is over. If you are riding dirty, keep the volume down. The police are listening, and this time, the law is on their side.

Call me at (407) 423-1117. Let’s silence the charges.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.