Playing music problems alxSourcef

I'm having a bit of trouble trying to get some control over a sounds volume

I'm using tge 1.3

I'm working on setting up a music fading system.

Problem:
After setting the GAIN of an audio handle to be less than 1.0, when many other sounds start to play, my looping sound seems to be replaced by one of the other sounds, as though it was swapped out.


Here's the test I'm doing

new AudioDescription(AudioMusic)
 {
   volume   = 1.0;
   isLooping = true;
   isStreaming = true;
   is3D     = false;
   type     = $SimAudioType;
};

new AudioProfile(InterfaceStartJourneyMusic)
{
    filename    = "~/data/uegmade/sound/music/ambientGuitar.ogg";
    description = "AudioMusic";
    preload = true;
};

new AudioProfile(InGameDying :InterfaceStartJourneyMusic)
{
	filename    = "~/data/uegmade/sound/music/dying.ogg";
};


function testDeathFade()
{
	$deathFade = alxPlay(InGameDying);
	alxSourcef($deathFade, AL_GAIN, 0.8);
}


new AudioProfile(AudioButtonOverUEG)
{
   filename = "~/data/uegmade/sound/fx/interface/musicalOver.ogg";
   description = "AudioGui";
   preload = true;
};

To make the problem happen, I start up my game,
while in the main menu, bring up the console
type
testDeathFade();
enter

the music starts playing at 0.8 volume, correctly
now I run the mouse over my buttons that play the AudioButtonOverUEG sound
they play fine

now I run the mouse over them really fast, stressing the system
now my Dying music has stopped and I have a looping AudioButtonOverUEG sound going on.

the menu buttons still play the sound properly.


Now if I changes

alxSourcef($deathFade, AL_GAIN, 0.8);

to

alxSourcef($deathFade, AL_GAIN, 1.0);

and run the test again,
it works fine, the death music keeps playing.


Theory
Due to the lower volume, somehow my looping streaming audio profile is getting culled, and once it is culled it doesn't start playing again, now openAL just plays the next available profile, similar to the problem when a .ogg is corrupted and the next profile plays instead.

I'm looking over the culling code, but haven't found the problem yet.

any ideas?

Thanks
-clint