A Staten Island driver has filed a lawsuit over a “noise camera” ticket for his $315,000 Lamborghini, arguing the fine should be dropped because he didn't modify the supercar to make more noise.
Anthony Aquilino, an insurance broker and self-described “car addict,” said the city was blundering in issuing him an $800 noise ticket for driving a 2018 Lamborghini Huracan Performante, even though the exotic white sports car is completely genuine and legal to drive in New York.
“The fines are $800 for a first offense, $1,700 for a second offense and $2,700 for a third offense,” Aquilino told The Post. “How can anyone afford that, especially if the city wants to install cameras throughout the five boroughs?”
New York City law only allows the city to issue tickets for cars that have been intentionally modified to make their engines louder, the car owners argue in a lawsuit filed last week in Manhattan Supreme Court.
And the massive, street-legal V-10 engine in his 2018 Lamborghini Huracan is just too loud, by factory design.
The only way to avoid future fines, according to the lawsuit, is to stop driving two-seater supercars, “which is manifestly unreasonable,” the lawsuit states.
“The only solution is to sell the car,” Aquilino said. “How else can you fight the fine?”
He claims he cannot be held legally responsible for the noise because he did not intentionally modify his car to make more noise, and the car is legal to drive in city streets and passes its annual inspections.
“If residents are upset about the noise and the city wants to crack down on it, I'm not opposed to that,” Aquilino said. “I'm not opposed to wanting to impose fines when the cars aren't modified.”
“I was speeding down 41st Street and was fined,” Aquilino added, “so speed is not a factor in this case.”
About six weeks after receiving the ticket, Aquilino said he took his car to a Lamborghini dealership in Manhattan to have it diagnosed as having no aftermarket parts or modifications.
“Mr. Aquilino did not 'cause or permit' the aggregate noise emanating from his vehicle to exceed sound level limits because he did not modify his vehicle in any way and operated it in a normal and reasonable manner,” the lawsuit states.
City Councilman Keith Powers, who pushed for the expansion of noise cameras citywide with a bill he called the “Noise Spread Prevention Act,” has previously spoken out in support of Aquilino's position in the lawsuit.
“We are pursuing anyone who may be using illegal or modified vehicles, especially those who are behaving in a rowdy manner.” “I think it's a good idea to have a second term,” Powers told NY1 in December 2023.This was shortly after his law was passed.
But on Monday, Powers told The Washington Post that the cameras would catch all operators making noise, regardless of whether the decibel levels were the result of modifications.
“The noise camera program was implemented to address any vehicles that violate city and state laws regarding noise and cause a nuisance to our communities,” Powers said in a statement. “New Yorkers have a right to a restful night's sleep, and that is the goal of our program.”
The city's Department of Environmental Protection, which manages the noise cameras, did not respond to a request for comment. The city's Law Department told The Washington Post it would review Aquilino's lawsuit.
Aquilino said he bought the used Lamborghini for cash in 2021 after trading in a purple Porsche 911 valued at $185,000, according to a sales receipt he attached to his court filing.
He also owns a Cadillac and a Chevrolet Corvette ZR1, one of the fastest cars on the market.
“I wasn't speeding. I wasn't driving excessively. I was just driving at a normal speed on 41st Street and people walking by didn't even lift their heads,” Aquilino said. “So if I was driving that recklessly or being that loud, they would lift their heads and be like, 'What's that noise?' Nobody flinches.”
According to city violation data compiled by a popular website. How is my driving in NY?Aquilino Two tickets for the same day He was arrested in the West Village for running a red light and speeding in a school zone.
