Anyone know how to fight this charge?

[SasSi]

Ok...so here's the deal:
Greddy has nothing about dB rating on their website & I didn't receive any paperwork with my exhaust. So I called Greddy & they said they can only issue dB certificates for vehicles in the state of CA. He told me I need to see a local referee to get my vehicle tested.

As far as coming in with paperwork saying that I changed it back to stock, that would be very easy for me to do since I work at a shop. However, the thing the cop said about "he could've given me a repair order" might make it so that it doesn't matter if I get it fixed or not.

So I guess all I can do is go to court & hope the cop doesn't show, but be prepared with paperwork in case he does.

On a side note, this sucks even more since I'm selling my car.

 

[SasSi]

Originally posted by mdlax1@Jun 30 2004, 08:05 AM
what court will you have to go to? (what part of the state?)

I will have to go to Anne Arundel district court, probably southern district, wherever the fuck that court house is. I was pulled over right before the South River bridge on Rt 2 N, which I guess is considered Edgewater.

 

[mdlax1]

Originally posted by SasSi+Jun 30 2004, 12:00 PM-->

mdlax1

@Jun 30 2004, 08:05 AM
what court will you have to go to? (what part of the state?)

I will have to go to Anne Arundel district court, probably southern district, wherever the fuck that court house is. I was pulled over right before the South River bridge on Rt 2 N, which I guess is considered Edgewater.

ahh ok we live pretty close then. I live in columbia.

anyway.. chances are the judge is gonna be pissed having to deal with an exhaust ticket just slap on the old exhaust take pictures get your shop to sign off a doc saying it was switched back such and such a day signed by X and you'll be fine..

he'll throw it out they dont want to deal with that shit.. (also you might want to like get the paperwork filled out have it well before the court date.. then pospone the court date like twice.. the cop wont show for something so stupid.. if he does the judge will see it was posponed twice and you have the paper work to say you got it taken care of right away.. he'll throw it out.. 99% sure)

 

[reckedracing]

The one thing you need to remember to tell the cop is that your exhaust is broke...

if they pull you over and you say, no there is nothing wrong with it then they issue you a ticket for modifying your exhaust... with intent to break the law.

but if you tell them that one of the pipes seperated/broke whatever, then they will give you a correction slip, or repair order... in NY you have to have it repaired before the next sunset, and then inspected by a cop, or the repairs need to be done by a registered DMV inspection shop, or by a mechanic for a company with a fleet of over 25 vehicles...

as long as they think you are not breaking the laws on purpose then they will usually give you a chance...

I would advise you go to court and bring a receipt showing that your silencer broke or fell out and you had it repaired or replaced and you weren't trying to break the law...

 

[jeffie7]

Once again the cop gave her a ticket because she had a modified exhuast

how many times do I have to say that? people keep trying to find ways around it but there is none bottom line YOU CANNOT MODIFY YOUR CAR that is a Maryland LAW as with many other states

She can say to the judge I fixed my exhaust so it's not loud all the judge has to ask is "is the exhaust OEM or up to par with OEM standards?" if she answers no then its ohwell pay the ticket

once again since the first 4 times I said it seemed to go over peoples heads she got a ticket becuase her exhuast is not stock he could also tack onto the ticket that it's broken becuase it is louder then the allowed stock rating

Just remember Im trying to be a cop and I have TONS of cop friends thats why I know this law stands and that the only car you can have louder then stock is a Mustang "BS IMO" but thats the law "they said it had something to do with the 5.0/4.6 motors becuase they were ment to be loud from the factory.... some dumb ass law"

also everyone of my cop friends will tell you they wont ticket someone for a modified car unless it's a danger to the driver or other cars

for say exhaust can not have any holes in it... and so on

for the most part they will not write tickets up for aftermarket products unless it's taillights then they give you the option would you like a speeding ticket for 180bucks or a ticket for your tail lights at 50?

not all cops are asses but when they want to uphold the LAW they can be and in sas SIs case the cop did what is rightfully so her exhaust is not stock or up to par with OIM standards so she got a ticket

theres nothing she can do to fight the ticket unless the cop put down the wrong info on the ticket

 

[tab]

Originally posted by SasSi@Jun 29 2004, 10:55 PM


What it says on the ticket:
modifying (exhaust system) on motor vehicle causing excessive noise

MD code Title 22, Sub-Title 609, Paragraph Code A:
Modification that increases sound prohibited.- A person may not modify the exhaust system or any other noise abatement device of a motor vehicle driven or to be driven on any highway in this State in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

Here is how I would fight this ticket:

You tell the judge that you did not break the law. Duh, right?

in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

Your car is five years old. It is completely feasible that your original muffler could rust out, to the point that is was very loud. Being that your "originally manufactured" was VERY loud, the aftermarket exhaust was indeed quieter, and did not break any law. It was merely a quiet replacement, and definitely better than the stock muffler.

This is where judges as prosecutors start sideshifting, and you need to stick to your guns. Remember, no matter what you have done, or did do, you did not break the law or code as given to you on the ticket. "Your car is loud." Doesn't matter, it's quieter than stock. If the judge interprets the law as the car should be as quiet as the day it rolls off of the assembly line, then argue that an exhaust, with any amount of wear, will never be as quiet as the day it left the plant. Therefore, all used cars, with used mufflers, are illegal.

I don't like bullshit. I live on the fight. I use their own words against them every time, and have won the last three ticket battles. Protect and serve doesn't mean what it used to.

Around here, even if you change what they want changed, the judge will charge you a "filing fee" of $50, for their trouble.

 

[jeffie7]

Originally posted by tab@Jun 30 2004, 07:26 PM
"Your car is loud." Doesn't matter, it's quieter than stock. If the judge interprets the law as the car should be as quiet as the day it rolls off of the assembly line, then argue that an exhaust, with any amount of wear, will never be as quiet as the day it left the plant. Therefore, all used cars, with used mufflers, are illegal.

I don't like bullshit. I live on the fight. I use their own words against them every time, and have won the last three ticket battles. Protect and serve doesn't mean what it used to.

Around here, even if you change what they want changed, the judge will charge you a "filing fee" of $50, for their trouble.

If your car is louder then stock it most likly means that it has an exhaust leak
you would get a ticket for an exhaust leak lol

even cars that are 10 years old on the stock exhaust if the exhaust is not rusted thru and does not have any leaks "both rust/holes would be ticket worthy" then it would not be very loud if it was loud due to the muffler breaking down over the years you would still get a sound ticket because it falls back on the owner for not keeping up with the upkeep of the car

some states could care less my friend lives in SC and down there people drog their exhaust no one gives a damn if you do that up here.... now thats a different story


Lets get down to this where it counts

Did he give you a repair order or a money ticket? if he gave you a ticket that cost money how much is the ticket worth? 4 years ago court fee was 35 bucks it might be more now

if the ticket is for 55 bucks most tickets that fall under not working right or wrong item on car "ie taillights or smoked headlights" would be a $55 ticket and well its pointless to go to court becuase in most peoples cases you have to take off a day of work then if you happen to win you pay 35 bucks "might be 50 now" if you lose well great you have to pay the full ticket and also the court fees....

If the ticket is for some BS amount like 150-200 bucks then yes fight it and hope the judge just drops the charges and pay the court fees

BTW this happened about 1/8 mile up the street from where I work so when I say I know cops and know the laws for this area I mean it

P.S the Court house is in Annapolis off of Rowe Boulevard right after the Navy stadium. It's on the right if you are heading into downtown Annapolis.

 

[tab]

Originally posted by jeffie7@Jun 30 2004, 09:26 PM
even cars that are 10 years old on the stock exhaust if the exhaust is not rusted thru and does not have any leaks "both rust/holes would be ticket worthy" then it would not be very loud if it was loud due to the muffler breaking down over the years you would still get a sound ticket because it falls back on the owner for not keeping up with the upkeep of the car

I rusted out a muffler in one year, due to short trips, which cause moisture and acids in the exhaust. The outside does not need to have a hole in it for the muffler to get louder, but of course you're right.

Someone with a hole in their muffler, would recieve a ticket for that. But that's not the ticket she recieved. Now, I do my research before entering court. I know you know the cops, and your local laws. Where my point begins, is right where they can't fight. The words are written a certain way. Interpretation is the keystone. I have a Criminal Justice degree, and another general degree, so I have also done many case studies for class.

The law says that you can't make the car louder than the original equipment. If she can prove, beyond a reasonable doubt, that her actions made the car quieter than the stock muffler, then the judge must concede. However, given the power that a judge holds, you are powerless if he's a prick. Most judges are impressed by my demeanor, attitude, and how prepared I was to fight on their terms. That's half the battle, respect.

SasSi, do whatever works for you. You asked for an argument, and that's what I've given you. You have the choice to fight, lay down, or to ask for mercy. It sounds like most people will ask for mercy. I used to, but I found that especially when I told the truth, I got the gavel. If you met me in person, I would NEVER lie to you. It's not me. But I don't like the system, since the system is self sustaining through taxation without representation. What was meant to be a penal system, has become the hidden tax. I'm going to leave this for Celerity to tackle in another thread, LOL.

 

[jeffie7]

The law says that you can't make the car louder than the original equipment. If she can prove, beyond a reasonable doubt, that her actions made the car quieter than the stock muffler, then the judge must concede.

The fact that the cop gave her a ticket for

MD code Title 22, Sub-Title 609, Paragraph Code A:
Modification that increases sound prohibited.- A person may not modify the exhaust system or any other noise abatement device of a motor vehicle driven or to be driven on any highway in this State in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

The fact that she got a ticket for her car being too louder then stock makes it very hard for her to argue that her cars exhaust was as quiet if not more so then the stock


I do agree with you that if she can prove that her aftermarket exhust sounds like the OEM one she might have a chance however thats not the case her exhaust is after market and much louder then stock

Once again even if the stock exhaust has no holes, if the muffler is worn out so it's a good bit louder then stock you can still get a ticket for putting out to much noise.

Bottom line if she can prove that her ehxuast at the time of being pulled over was like a factory installed honda exhaust system then she can walk no problem other then paying the court fees which is going to be close to the ticket cost...

sounds like she can't win either way and to just pay the ticket unless this is a repair order then I could see why she would want to fight it becuase it would mean she has to find a stock exhaust and have a cop sign off on the ticket

 

[Battle Pope]

I am going out on a limb but I just looked up the Greddy Evo2 exhaust system on PCW's website (plugged in 2000 Civic Si, but it says it in the desc. for all the models of civic.) and they say in the description "sound tested: under 95 decibels." or something. If nothing else, it says it here. Might be beneficial.

PCW Greddy Evo2

 

[mdlax1]

sasi all good advice here but take it from someone who had the same issue.. just make like you got it fixed take the paper work and the judge will throw it out.. dont sweat it

 

[SasSi]

Thanks everyone for the great ideas. I might as well go to court with it because the cop might not show up & then it gets thrown out... no record, no cost. If he does show up, I will be prepared with paperwork and pictures to say that I replaced the exhaust & hope the judge will be lenient on me. It would be in my best interest if the ticket got thrown out because it does go on my record and even though it's not a moving violation, it will affect my insurance.

Thanks again, everyone!

 

[jeffie7]

Originally posted by SasSi@Jul 2 2004, 10:28 AM
it will affect my insurance.

Thanks again, everyone!

That depends who you are with I have 3 tickets like yours and Geico wont insure me for a bike because Im a AT RISK driver due to having no front tag kinda tickets.... fuckers nothing like having ZERO speeding tickets ZERO wrecks and a few NONE moving tickets... then being turned down for insurace or raped some insurance companies SUCK

one Insurance company wanted $1300 for my 350Z for 6months after they saw the 3 none moving tickets they said it would be $2300 1000!!!! more every 6 months!!!!!!!

however, State farm is great they could care less =) by far the chepest for bikes too! they see it as I've yet to hit anyone I havent been pulled over for speeding and I have great credit

If your insurance company wants to riase your rates you might want to look else where for insurance I know I would

 

[integraslut78]

The cop probably thought you were HOT and looked for any reason t try to talk to you. You did not give him any play so he decided to pull a power trip.