just got pulled over leaving wingstop state ref !
09-20-2008, 03:54 PM
#91
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im sorry to hear about state ref tickets, you guys all know- ive been there done that. i know exactly how it feels to be profiled.
as i was standing in the parking lot, and everyone leave i noticed all the cops camping out and going after each suby that left.
i went toward downtown with a few others, and noticed cops on the opposite direction but they didnt do anything. ive noticed a lot of cops on the road lately, end of the month quotas i guess?
i agree, weve been going to that wingstop WAY before the meet even started on i club. i wonder if those 2 cops that came in had to to something with this? maybe they noticed all of us outside or maybe they were upset that they didnt have a seat and had to eat in their car who knows, just a thought.
as i was standing in the parking lot, and everyone leave i noticed all the cops camping out and going after each suby that left.
i went toward downtown with a few others, and noticed cops on the opposite direction but they didnt do anything. ive noticed a lot of cops on the road lately, end of the month quotas i guess?
i agree, weve been going to that wingstop WAY before the meet even started on i club. i wonder if those 2 cops that came in had to to something with this? maybe they noticed all of us outside or maybe they were upset that they didnt have a seat and had to eat in their car who knows, just a thought.
09-20-2008, 03:56 PM
#92
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I asked one of my CHP buddies about this situation and his reply was best case and worse case. The worse case being the most probable. The state will send your letter in the mail within 30 days asking you to pay the full amount of the fine, or you will be given a court date and an extention. I would opt for the court date. Also remember with reguards to the illeagal exhaust. There is a part of the vehicle code that says you are not allowed to replace your exhaust with anything other than the OEM exhaust but that was changed because that is not always possible. The law then read you can replace your exhaust with a suitable replacement. That is subjective so it now reads according to the message posted earlier in the thread as long as it is not too loud which is again subjective and up to the officer. Modified exhaust means did you remove the muffler or is the muffler damaged and unservicable or too loud. I would find the message from earlier in the thread bring it to court with you and fight it. Take pictures of the muffler and show that it is there. As long as the ticket is for "Modified Exhaust" you should win according to the state. If the ticket is for exhaust too loud then you have to prove that it is not. IMO from a armchair lawyer if its for modded exhaust you should have it in the bag.
Sorry to hear about all you guys getting reffed. Just goes to show the ignorance of some cops. Maybe if they were out patrolling the most used race areas they would actually catch some "street racers" not Automobile enthusiests.
Sorry to hear about all you guys getting reffed. Just goes to show the ignorance of some cops. Maybe if they were out patrolling the most used race areas they would actually catch some "street racers" not Automobile enthusiests.
09-20-2008, 04:16 PM
#93
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i just read the CHP bulletin 98-100.
so, basically no matter what exhaust you have, as long as you are not CREATING excessive/harsh noise, then you should not be pulled over.
----
Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective.
Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1) are not equipped with a muffler;
2) clearly emit an offensive, harsh, excessive noise, or,
3) have a clearly defective exhaust system (holes, leaks, ft.).
----
from what i gather, they're just using any opportunity to pull over kids with loud exhausts.
so, dont give them a reason to pull you over. so, basically, if you're going to get an aftermarket exhaust, get a quiet one. seems simple enough.
the unfortunate part of this, is that motorcycles are not held to the same restrictions in practice. lord knows how many harley's are obscenely loud, yet cops let them go...
so, basically no matter what exhaust you have, as long as you are not CREATING excessive/harsh noise, then you should not be pulled over.
----
Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective.
Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1) are not equipped with a muffler;
2) clearly emit an offensive, harsh, excessive noise, or,
3) have a clearly defective exhaust system (holes, leaks, ft.).
----
from what i gather, they're just using any opportunity to pull over kids with loud exhausts.
so, dont give them a reason to pull you over. so, basically, if you're going to get an aftermarket exhaust, get a quiet one. seems simple enough.
the unfortunate part of this, is that motorcycles are not held to the same restrictions in practice. lord knows how many harley's are obscenely loud, yet cops let them go...
09-20-2008, 04:18 PM
#94
i just read the CHP bulletin 98-100.
so, basically no matter what exhaust you have, as long as you are not CREATING excessive/harsh noise, then you should not be pulled over.
----
Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective.
Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1) are not equipped with a muffler;
2) clearly emit an offensive, harsh, excessive noise, or,
3) have a clearly defective exhaust system (holes, leaks, ft.).
----
from what i gather, they're just using any opportunity to pull over kids with loud exhausts.
so, dont give them a reason to pull you over. so, basically, if you're going to get an aftermarket exhaust, get a quiet one. seems simple enough.
the unfortunate part of this, is that motorcycles are not held to the same restrictions in practice. lord knows how many harley's are obscenely loud, yet cops let them go...
so, basically no matter what exhaust you have, as long as you are not CREATING excessive/harsh noise, then you should not be pulled over.
----
Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective.
Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1) are not equipped with a muffler;
2) clearly emit an offensive, harsh, excessive noise, or,
3) have a clearly defective exhaust system (holes, leaks, ft.).
----
from what i gather, they're just using any opportunity to pull over kids with loud exhausts.
so, dont give them a reason to pull you over. so, basically, if you're going to get an aftermarket exhaust, get a quiet one. seems simple enough.
the unfortunate part of this, is that motorcycles are not held to the same restrictions in practice. lord knows how many harley's are obscenely loud, yet cops let them go...
09-20-2008, 05:02 PM
#96
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do we have any attorneys here at i-club? does anyone really know the law and what our rights are or are we just speculating? should we put together a petition and sign it and protest? should we write our stupid governor?
09-20-2008, 06:22 PM
#98
well first... people need to decide:
1. if they have any ILLEGAL stuff, then dont show up at places like these where cops are more likely to ticket you.
2. do you have the time and resources to fight these in court?
also, people need to know their constitutional rights. more specifically, the 4th and 5th amendment.
next, you need to know that cops need a PROBABLE CAUSE to search your vehicle.
most people here just let the cops do whatever they want, as soon as you are stopped.
also, remember, just because you got stopped, you will/might be treated as a suspect. remember to make the stop as STRESS FREE as possible:
1. stop engine.
2. DO NOT START moving around looking for your license, reg, insurance, etc. that might start making the cop nervous.
3. if you have tinted windows, ROLL THEM DOWN. if at night, turn on interiors lights.
4. move both hands onto steering wheel. if you have passengers, ask them to display open hands.
5. only when cop arrives at your window and asks for paperwork, do you then start moving around SLOWLY...
at this point, you will either get a ticket for something visible. if they ask you to pop the hood, ask what the probable cause is, POLITELY. remember the difference when they ask, versus when they TELL YOU to pop the hood.
asking means you are giving up your rights when you give them ok. when they tell you, they should have a probable cause.
if they dont, ask to see a search warrant. at this point, depending on your resources, this could get a little messy. you could be taken out of your vehicle, handcuffed and then long process.
otherwise, at this point, you can ask them if you are free to go.
so that's why i said, make sure you have the time and RESOURCES if you are willing to challenge this.
DISCLAIMER: i am not a lawyer. take my advice as far as you can throw it.
1. if they have any ILLEGAL stuff, then dont show up at places like these where cops are more likely to ticket you.
2. do you have the time and resources to fight these in court?
also, people need to know their constitutional rights. more specifically, the 4th and 5th amendment.
next, you need to know that cops need a PROBABLE CAUSE to search your vehicle.
most people here just let the cops do whatever they want, as soon as you are stopped.
also, remember, just because you got stopped, you will/might be treated as a suspect. remember to make the stop as STRESS FREE as possible:
1. stop engine.
2. DO NOT START moving around looking for your license, reg, insurance, etc. that might start making the cop nervous.
3. if you have tinted windows, ROLL THEM DOWN. if at night, turn on interiors lights.
4. move both hands onto steering wheel. if you have passengers, ask them to display open hands.
5. only when cop arrives at your window and asks for paperwork, do you then start moving around SLOWLY...
at this point, you will either get a ticket for something visible. if they ask you to pop the hood, ask what the probable cause is, POLITELY. remember the difference when they ask, versus when they TELL YOU to pop the hood.
asking means you are giving up your rights when you give them ok. when they tell you, they should have a probable cause.
if they dont, ask to see a search warrant. at this point, depending on your resources, this could get a little messy. you could be taken out of your vehicle, handcuffed and then long process.
otherwise, at this point, you can ask them if you are free to go.
so that's why i said, make sure you have the time and RESOURCES if you are willing to challenge this.
DISCLAIMER: i am not a lawyer. take my advice as far as you can throw it.
09-20-2008, 07:44 PM
#99
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Sure, it's not like an essay or anything but I pretty much tried to make things clear to them as much as possible but here is what I said....
www.I-Club.com is a WIDE group of people across the USA that have the same love for the same cars. Subaru! It is a forum for all drivers of subarus from everywhere to come together and chat. We all respect the streets when we drive our vehicles and don't race. There are people that do race but they do it LEGALLY on the tracks. Like for example, they had subiefest last month.
I may not be a good writer but im pretty sure you guys can put this together with better wording and let this become public. The SJPD have gone too far on some of these drivers that were minding their own business and having a peacful dinner with other members of the "club".
Here is a forum you guys should look at and get your story from it.
https://www.i-club.com/forums/showthread.php?t=191593
Here is a link about "illegal exhaust"
http://www.bikersrights.com/states/c.../chp98100.html
There are so many other people out there that are doing illegal things that they could be using our tax dollars on and preventing from happening then coming and harrassing a group of people that are being peaceful.
You can also go to the wingstop
503 Coleman Ave #10
San Jose, CA 95110
Im pretty sure the workers and owners at the wingstop will have a great story to prove these guys have been peacful and never started in trouble and especially DO NOT street race.
Thanks for your time and I hope you guys can do something about this as far as a nice story in the paper.
Jason Bartlett
www.I-Club.com is a WIDE group of people across the USA that have the same love for the same cars. Subaru! It is a forum for all drivers of subarus from everywhere to come together and chat. We all respect the streets when we drive our vehicles and don't race. There are people that do race but they do it LEGALLY on the tracks. Like for example, they had subiefest last month.
I may not be a good writer but im pretty sure you guys can put this together with better wording and let this become public. The SJPD have gone too far on some of these drivers that were minding their own business and having a peacful dinner with other members of the "club".
Here is a forum you guys should look at and get your story from it.
https://www.i-club.com/forums/showthread.php?t=191593
Here is a link about "illegal exhaust"
http://www.bikersrights.com/states/c.../chp98100.html
There are so many other people out there that are doing illegal things that they could be using our tax dollars on and preventing from happening then coming and harrassing a group of people that are being peaceful.
You can also go to the wingstop
503 Coleman Ave #10
San Jose, CA 95110
Im pretty sure the workers and owners at the wingstop will have a great story to prove these guys have been peacful and never started in trouble and especially DO NOT street race.
Thanks for your time and I hope you guys can do something about this as far as a nice story in the paper.
Jason Bartlett
09-20-2008, 09:47 PM
#100
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damn... that sucks guys
state ref station is closed, but for some reason they are giving out state ref way more than before
nope.... no matter how stock looking your car can be. or how legal your parts are. an officer just have to say is "he doesnt know what his looking at. and thats more enought reason to send you to the ref.
state ref station is closed, but for some reason they are giving out state ref way more than before
nope.... no matter how stock looking your car can be. or how legal your parts are. an officer just have to say is "he doesnt know what his looking at. and thats more enought reason to send you to the ref.
yeah no $hit. I was like WTF hes trying to relate to me and still give me a ticket. A POS civic with a bodykit? spare me.
09-20-2008, 09:50 PM
#101
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To ldivinag:
This is how I handled mine and I went with all politeness. As soon as they flipped on the lights, I turned on my signal to pull to the curb. When it was clear, I made a legal stop at an unmarked curb and turned off my car, including the turbo timer. I put my keys on top of the dash so that he could clearly see that my keys were not in the ignition. My windows were already rolled down and my hands were at 10 and 2 o'clock on the steering wheel, very clearly visible for the officer to see. He asked for my license and I said, "Officer, it is in my back pocket, I'm going to reach into it to get my wallet." He told me to proceed and I handed him my license. I cooperated with all of their questioning and did not admit to any guilt or give them any permission for any type of unreasonable search. Even after cooperating with the 4 different officers looking at my car, I was still given a state referee ticket. It really blows.
This is how I handled mine and I went with all politeness. As soon as they flipped on the lights, I turned on my signal to pull to the curb. When it was clear, I made a legal stop at an unmarked curb and turned off my car, including the turbo timer. I put my keys on top of the dash so that he could clearly see that my keys were not in the ignition. My windows were already rolled down and my hands were at 10 and 2 o'clock on the steering wheel, very clearly visible for the officer to see. He asked for my license and I said, "Officer, it is in my back pocket, I'm going to reach into it to get my wallet." He told me to proceed and I handed him my license. I cooperated with all of their questioning and did not admit to any guilt or give them any permission for any type of unreasonable search. Even after cooperating with the 4 different officers looking at my car, I was still given a state referee ticket. It really blows.
09-20-2008, 09:54 PM
#102
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Wow, this thread is really eye-opening! Its unfortunate to hear about i-club members getting harrassed when they just supporting local businesses, not creating problems.
From what I read on this thread, its sounds like SJPD just got a major green light to go out and do some major car-profiling. I dont want to speculate, but it seems fishy that all of a sudden the state ref stations are closed and recently SJ cops are writing state ref tickets left and right...
On another note, it is possible to beat a "modified exhaust" ticket. I beat one last year and saved $322, see link below. (I believe the cost of the exhaust part was only $187) Wingstop and Keep Pace guys I feel your pain. I am still pretty upset that I was pulled over doing 65 mph on 880:
https://www.i-club.com/forums/bay-area-15/sooo-anybody-get-ticket-modified-exhaust-santa-clara-san-jose-recently-169430/
From what I read on this thread, its sounds like SJPD just got a major green light to go out and do some major car-profiling. I dont want to speculate, but it seems fishy that all of a sudden the state ref stations are closed and recently SJ cops are writing state ref tickets left and right...
On another note, it is possible to beat a "modified exhaust" ticket. I beat one last year and saved $322, see link below. (I believe the cost of the exhaust part was only $187) Wingstop and Keep Pace guys I feel your pain. I am still pretty upset that I was pulled over doing 65 mph on 880:
https://www.i-club.com/forums/bay-area-15/sooo-anybody-get-ticket-modified-exhaust-santa-clara-san-jose-recently-169430/
09-20-2008, 09:57 PM
#103
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There is another thread on here about the ref stations being closed. I think everyone that has been going to court they are being given a 3 month extention or something for when ref stations come back. That being said they take our cars off the road mim 3 months :/ I don't know if you can just pay off the fine or not.
09-20-2008, 10:28 PM
#104
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I'm curious on how many/ who was pulled over last night
I'm starting a list (not sure if I should start a new thread)
1. Demonpossessed
correctable 271519 vc modified exhaust,
non correctable 27156(b) emission violation
2. Onizuka
3. BoostedB
4. xhengmanx
5. peterislazy
I figure if we all get together and act, whether it be contacting local news/newspaper and or filing a complaint it would make a better impact.
its been 22 hours and I'm still steaming.
If anyone knows of anyone else who was pulled last night have them pm me or post on this thread.
I'm starting a list (not sure if I should start a new thread)
1. Demonpossessed
correctable 271519 vc modified exhaust,
non correctable 27156(b) emission violation
2. Onizuka
3. BoostedB
4. xhengmanx
5. peterislazy
I figure if we all get together and act, whether it be contacting local news/newspaper and or filing a complaint it would make a better impact.
its been 22 hours and I'm still steaming.
If anyone knows of anyone else who was pulled last night have them pm me or post on this thread.
09-20-2008, 10:44 PM
#105
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not the exact same thing, but driving exactly the limit on Hwy 9 last Saturday, i got pulled over. I was advised I was "driving a little slow, so I figured I'd pull you over" (!!!!)
same as mentioned above, windows all the way down, keys on the dash, let the officer know exactly what I was doing before I did it.
told him i wasn't going racing (i wasn't) and not meeting anybody (i wasn't). after a few minutes, he was cool enough about it to let me go.
no mods, just exhaust is all that is noticeable, and all I mentioned I had. spoke respectfully, and this time, nothing bad happened.
but sheesh, pulled over for driving the limit...go figure. BTW, heard the same stuff, "we're cracking down on street racers. Your car looks like one...[then the above quote]"
same as mentioned above, windows all the way down, keys on the dash, let the officer know exactly what I was doing before I did it.
told him i wasn't going racing (i wasn't) and not meeting anybody (i wasn't). after a few minutes, he was cool enough about it to let me go.
no mods, just exhaust is all that is noticeable, and all I mentioned I had. spoke respectfully, and this time, nothing bad happened.
but sheesh, pulled over for driving the limit...go figure. BTW, heard the same stuff, "we're cracking down on street racers. Your car looks like one...[then the above quote]"