Is Your Car Stereo Illegal? The Battle Over Florida’s Noise Law

By: John Guidry

Here is a nuisance of modern society we all know too well. You’re driving down I-4 or sitting at a red light on Colonial Drive, enjoying a great tune, when all of a sudden, massive amounts of bass shake your entire being to the core. Your rearview mirror vibrates, your teeth rattle, and you wonder if an earthquake just hit Central Florida.

Last year, that massive bass was illegal if it was “plainly audible” from 25 feet away. But for a brief, glorious moment in Florida legal history, the Supreme Court stepped in and said, “Not so fast.”

While the laws are constantly evolving (and the Legislature loves to write new ones), the story of State v. Catalano is a perfect example of how a bad law gets taken down—and why police use these noise statutes to fish for bigger crimes.

Pulled over for loud music and ended up with a drug charge?

Don’t let a noise violation ruin your record. Call John at (407) 423-1117.

The Legal Breakdown: State v. Catalano

The Florida Supreme Court put a nail in the coffin of the old noise statute in the landmark case State of Florida v. Catalano, 104 So. 3d 1069 (Fla. 2012).

Here is how a criminal defense attorney turned a traffic ticket into a constitutional victory:

• The Old Law: Florida Statute 316.3045 made it illegal to play your radio if it was “plainly audible” at 25 feet.
• The Loophole: The statute had a bizarre exemption. It said the noise rules did not apply to vehicles used for “business or political purposes.”
• The absurdity: This meant that John Q. Citizen couldn’t blast his stereo, but an ice cream truck or a politician with a loudspeaker could blast away at the same volume perfectly legally.
• The Ruling: The Florida Supreme Court agreed with attorney Richard Catalano. They ruled that the statute was unconstitutional because it restricted free speech based on who was making the noise. It was an unreasonable restriction on freedom of expression.

John’s Takeaways

Why does a case from 2012 matter to you today? Because it reveals the playbook law enforcement uses on our streets in Orange, Seminole, and Volusia counties.

• The “Boom” is a Pretext: Let’s be honest. These laws are rarely about noise control. They are aimed directly at law enforcement’s target market: young kids driving cars with too much bass. In police logic, “too much boom in the trunk” often translates to “let’s see if we can find drugs.”
• The Legislature Never Sleeps: While Catalano was a huge win, the State didn’t take it lying down. Florida has since amended the statute (as recently as 2022) to remove the “political/business” exemptions and bring back the 25-foot rule. The game continues.
• “Plainly Audible” is Subjective: Officers often use the “plainly audible” standard to justify a stop. If they stop you for noise, they are looking for probable cause to search your car.
• Educational Optional: As I often say, there are no educational requirements to write laws. Sometimes, it takes a defense attorney fighting a simple ticket all the way to the Supreme Court to prove that a law makes no sense.

Don’t Let the Music Stop You

If you were pulled over for loud music and the officer “happened” to find something else in the car, you need a defense that looks at the legality of the stop itself. Police rely on you not knowing your rights or the history of these statutes.

If you are facing charges in Orlando, Kissimmee, Sanford, or Daytona, give me a call. I’ve been analyzing these stops for over 30 years.

Call me at (407) 423-1117. Let’s make some noise in court.

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.