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Ticketed for modified exhaust

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Old Apr 13, 2009, 11:54 AM
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Originally Posted by RallyDSM
WA State Law says they can ticket you for the exhaust being "not of original design or specification". So technically, they can ticket you for bending it differently.

Scott
Actually this is what wa state law exactly says

"No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection."

I actually think the wording on that one is a bit... bad...
Old Apr 13, 2009, 12:00 PM
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well his exhaust "amplified" it so id say its not worth fighting a $40 ticket and risking court costs
Old Apr 13, 2009, 12:26 PM
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Hmmm... the police officer that tags me in my old Rally Car seemed to interpret the meaning in an entirely different way. It wasn't original, so I got stuck with it and the Judge agreed.

BOTH of them quoted the law as "not of original design or specification".

Sucks to be me, I guess.

Scott
Old Apr 13, 2009, 01:34 PM
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Originally Posted by cedric
Actually this is what wa state law exactly says

"No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection."

I actually think the wording on that one is a bit... bad...
Almost all traffic and vehicle related laws are worded so openly that there is little to no fighting it. My uncle (also a cop for Denver) says that its not so much the laws anymore, but the attitude of the cop. If he/she is having a bad day, you're just f***ed. Fighting it is almost hopeless in most cities now too when you just hope the cop wont show. With the way the cutbacks are going, precincts are getting creative with how they are able to keep cops on the payroll which leaves ample room for court time. He said that if you are good enough to completely lay under the radar when they write the ticket, and then show up to fight it with as much evidence as possible to contradict the ticket or infraction.. and the cop somehow doesnt show... you *might* have a chance at getting it dropped.
So... unless the ticket states you had an illegal modification and describes the modification, you should be able to swap stock on if you have it... take it to a shop to get Db tested and have pictures taken of the stock welded on identification numbers or badges if possible. Otherwise just pay it, take the increase on your insurance if it happens... and try to remember to bring donuts with you when you cruise
Old Apr 13, 2009, 11:02 PM
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Aren't there traffic lawyers in Colorado? Probably not worth it for an exhaust ticket but if you really wanted to have a shot at contesting and winning they are pretty much the way to go (in WA at least).
Old Apr 14, 2009, 03:24 AM
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Thanks for all the advice guys. I'm beginning to think, just pay and get it over with.
Old Apr 14, 2009, 10:43 PM
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Sorry to hear about that kind of bs ticket. Whenever I get pulled over (too much) I always roll down my 15% tint windows and shut off the car. Just little precautions in case the officer is in a bad mood. Only $40 for a ticket and it doesnt affect your insurance ha ha just pay it.
Old Apr 15, 2009, 11:55 AM
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I'm curious, how does the officer know that the aftermarket exhause is louder than stock? It would seem that he would have to have a decibal meter on hand as well as evidence of what a stock evo exhaust reading is.

Isn't the burden of proof on the officer to establish that an infraction was committed? Does the judge just take the officer's word that it sounded louder than stock?
Old Apr 15, 2009, 01:20 PM
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Aaahh. And this is why i LOVE my electric cutout. As soon as the lights turn on, i close it up. "Nah dude that was the diesel truck in front of me"
Old Apr 28, 2009, 06:17 AM
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Keep in mind if you got the ticket in an are you frequent, you might encounter the same officer again. If you beat him this time, he won't be as nice next time
Old Apr 28, 2009, 11:00 PM
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Originally Posted by Enzo IX
I'm curious, how does the officer know that the aftermarket exhause is louder than stock? It would seem that he would have to have a decibal meter on hand as well as evidence of what a stock evo exhaust reading is.

Isn't the burden of proof on the officer to establish that an infraction was committed? Does the judge just take the officer's word that it sounded louder than stock?
The judge will side with the officer unless you can present proof showing that your setup isn't louder than stock I would think. Just about every aftermarket exhaust is louder than stock, at least thats what the test on socalevo with the decibel meter about 2-3 years back had shown....
Old May 7, 2009, 07:07 PM
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sweet I posted on here about always getting away with my loud exhaust, but I ended up getting a ticket yesterday for a faulty exhaust ..... I cant believe it.... I would love to find this karma guy and kick his @$$. $134 friggin dollars....
Old May 7, 2009, 07:13 PM
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what exhaust do you have? Also are you running a test pipe/cat-delete or high-flow cat?
Old May 7, 2009, 07:27 PM
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Originally Posted by Enzo IX
I'm curious, how does the officer know that the aftermarket exhause is louder than stock? It would seem that he would have to have a decibal meter on hand as well as evidence of what a stock evo exhaust reading is.

Isn't the burden of proof on the officer to establish that an infraction was committed? Does the judge just take the officer's word that it sounded louder than stock?
The burden of proof is always on the accused never on the cop. The ticket is the officer saying you were breaking the law and now you have to prove that you were not.
Old May 7, 2009, 07:51 PM
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So does that mean every Harley rider in CO should get a ticket too? I've been beside those bikes at red lights that are so loud when they take off I have to roll my window up not to damage my ear drums....


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