Sooo, anybody get a ticket for Modified Exhaust in Santa Clara/San Jose recently?
09-10-2007, 09:52 PM
#46
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Update on my ticket battle: I went to the SC county courthouse today and it was just like joltdude described - separate building, a long line of people going toward clerks ready to take your $$$.
I completed a TBD form (trial by declaration) to fight my speeding ticket. I also asked why my modified exhaust ticket was not correctable and I even showed them the hard copy of the ticket where the officer checked "correctable" on the violation.
The final verdict is that you cannot fight the modified exhaust violation by correcting it or getting it signed off once you get "popped" for it unless you take it to court and have a trial. Apparently, trying to correct the exhaust ticket by getting it signed off will do nothing for your original fine because the modified exhaust was already on your vehicle (hence you broke the law already) when you got stopped and ticketed.
This is good enough reason to be knowledgable enough so if you actually do get a bogus ticket like this when you happen to be running with a quiet (within legal sound limits) or stock exhaust you can argue to prevent it. You can tell the officer that your exhaust is legal and maybe try to photograph/videotape your car with the legal exhaust on and showing the cop giving you a ticket if he/she is being a douche and still insistent on giving you that ticket! Thats what i'm going to do now if I ever get stopped for my exhuast since I converted back to a quiet one with cats - I will recite the laws I know and insist on taking pictures for evidence in court should the officer still write the ticket.
I completed a TBD form (trial by declaration) to fight my speeding ticket. I also asked why my modified exhaust ticket was not correctable and I even showed them the hard copy of the ticket where the officer checked "correctable" on the violation.
The final verdict is that you cannot fight the modified exhaust violation by correcting it or getting it signed off once you get "popped" for it unless you take it to court and have a trial. Apparently, trying to correct the exhaust ticket by getting it signed off will do nothing for your original fine because the modified exhaust was already on your vehicle (hence you broke the law already) when you got stopped and ticketed.
This is good enough reason to be knowledgable enough so if you actually do get a bogus ticket like this when you happen to be running with a quiet (within legal sound limits) or stock exhaust you can argue to prevent it. You can tell the officer that your exhaust is legal and maybe try to photograph/videotape your car with the legal exhaust on and showing the cop giving you a ticket if he/she is being a douche and still insistent on giving you that ticket! Thats what i'm going to do now if I ever get stopped for my exhuast since I converted back to a quiet one with cats - I will recite the laws I know and insist on taking pictures for evidence in court should the officer still write the ticket.
09-10-2007, 10:40 PM
#47
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well when i got pulled over, i exited a from a stop sign (rolled it and cop didnt care about that) onto El Camino 3 lanes, instead of staying inside close to sidewalk i radiused to the middle lane to pick up speed.
I was also going 60 in a 35 during midnight (trying to catch a glimpse of a beautiful FD)
So i couldve (did) told the cop that yes my exhaust IS modified, but it was silenced by previous owner and is within legal decibel limit. But then i felt like a dick questioning him since he was nice enough to let me slide since i work for the city and go to school in SF live in SC...blah blah "you must drive a lot" yadayada
He said i had a choice between the 2 moving violations or the exhaust fix it...so i chose the exhaust...
I was also going 60 in a 35 during midnight (trying to catch a glimpse of a beautiful FD)
So i couldve (did) told the cop that yes my exhaust IS modified, but it was silenced by previous owner and is within legal decibel limit. But then i felt like a dick questioning him since he was nice enough to let me slide since i work for the city and go to school in SF live in SC...blah blah "you must drive a lot" yadayada
He said i had a choice between the 2 moving violations or the exhaust fix it...so i chose the exhaust...
10-23-2007, 07:44 AM
#48
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Its been over a month since the last post, but guess what I just got a letter back after submitting my TBD paperwork and I WON!!! :RockOn - not mine:
I'm getting the $322 back that I sent in for bail money, and the modified exhaust and speeding violations are coming off my record. Clean Slate Record again - Ticket Assassin FTMFW!
I'm getting the $322 back that I sent in for bail money, and the modified exhaust and speeding violations are coming off my record. Clean Slate Record again - Ticket Assassin FTMFW!
10-23-2007, 08:02 AM
#49
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Update on my ticket battle: I went to the SC county courthouse today and it was just like joltdude described - separate building, a long line of people going toward clerks ready to take your $$$.
I completed a TBD form (trial by declaration) to fight my speeding ticket. I also asked why my modified exhaust ticket was not correctable and I even showed them the hard copy of the ticket where the officer checked "correctable" on the violation.
The final verdict is that you cannot fight the modified exhaust violation by correcting it or getting it signed off once you get "popped" for it unless you take it to court and have a trial. Apparently, trying to correct the exhaust ticket by getting it signed off will do nothing for your original fine because the modified exhaust was already on your vehicle (hence you broke the law already) when you got stopped and ticketed.
This is good enough reason to be knowledgable enough so if you actually do get a bogus ticket like this when you happen to be running with a quiet (within legal sound limits) or stock exhaust you can argue to prevent it. You can tell the officer that your exhaust is legal and maybe try to photograph/videotape your car with the legal exhaust on and showing the cop giving you a ticket if he/she is being a douche and still insistent on giving you that ticket! Thats what i'm going to do now if I ever get stopped for my exhuast since I converted back to a quiet one with cats - I will recite the laws I know and insist on taking pictures for evidence in court should the officer still write the ticket.
I completed a TBD form (trial by declaration) to fight my speeding ticket. I also asked why my modified exhaust ticket was not correctable and I even showed them the hard copy of the ticket where the officer checked "correctable" on the violation.
The final verdict is that you cannot fight the modified exhaust violation by correcting it or getting it signed off once you get "popped" for it unless you take it to court and have a trial. Apparently, trying to correct the exhaust ticket by getting it signed off will do nothing for your original fine because the modified exhaust was already on your vehicle (hence you broke the law already) when you got stopped and ticketed.
This is good enough reason to be knowledgable enough so if you actually do get a bogus ticket like this when you happen to be running with a quiet (within legal sound limits) or stock exhaust you can argue to prevent it. You can tell the officer that your exhaust is legal and maybe try to photograph/videotape your car with the legal exhaust on and showing the cop giving you a ticket if he/she is being a douche and still insistent on giving you that ticket! Thats what i'm going to do now if I ever get stopped for my exhuast since I converted back to a quiet one with cats - I will recite the laws I know and insist on taking pictures for evidence in court should the officer still write the ticket.
10-23-2007, 08:04 AM
#50
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Its been over a month since the last post, but guess what I just got a letter back after submitting my TBD paperwork and I WON!!! :RockOn - not mine:
I'm getting the $322 back that I sent in for bail money, and the modified exhaust and speeding violations are coming off my record. Clean Slate Record again - Ticket Assassin FTMFW!
I'm getting the $322 back that I sent in for bail money, and the modified exhaust and speeding violations are coming off my record. Clean Slate Record again - Ticket Assassin FTMFW!
You have done what I could not... win in santa clara county court... I'd like to read your TBWD.
-Gagan
10-23-2007, 08:34 AM
#51
I remember reading somewhere that some guy suggested saying that your exhaust was not "modified", but a direct aftermarket replacement, because a modified exhaust would mean you modified the stock one. Is this correct in any way? And congrats on winning 
10-23-2007, 11:10 AM
#52
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im actually getting mine signed off (hopefully) today, a Borla that is silenced and not loud at all, i bought the car used with it on, maybe the local cops will feel bad for me since i drive to SF for school and work and stuff
otherwise i'll pay $187 to keep it ""modified"" and off my record i guess
otherwise i'll pay $187 to keep it ""modified"" and off my record i guess
10-23-2007, 11:35 AM
#53
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I pretty much used the same template I got from the ticketassassin website, just changed the facts for my specific case but if I can dig it up on my computer I'll pm it to ya. Thanks Gagan for the info you provided, I think it encouraged me more to fight the ticket.
10-23-2007, 11:50 AM
#54
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Thanks, I am very relieved that it went so well. The argument that the guy presented doesn't sound correct because replacing your stock exhaust with an after market one would be a modification by itself, the same as using your factory exhaust in a different way (i.e. making it louder or removing cats) would be a modification.
From the DMV website:
27151. (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified.
From the DMV website:
27151. (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified.
10-23-2007, 12:26 PM
#55
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lolx21383712 i just got mine signed off.
enters sheriff station "hi, i need to get a sign off for modified exhaust"
2 minutes later "ok here you go, have a nice day"
"thank you" didnt have to go outside or anything
small town sheriff FTWWWWWW...sorry dont mean to make anyone jealous
enters sheriff station "hi, i need to get a sign off for modified exhaust"
2 minutes later "ok here you go, have a nice day"
"thank you" didnt have to go outside or anything
small town sheriff FTWWWWWW...sorry dont mean to make anyone jealous
11-02-2007, 11:28 AM
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congrats! on winning
man i got pulled over in solona county couple days ago, i was in a rental bmw since my subaru is getting its tranny fix and i was the only car at 11pm on I80! wtf so im curising around 80 and then 75 and i got pulled over. its bull**** the cop say that i was speeding 90 im like i wasnt even going past 80. cop said that this isnt the bay area the ticket increase by 10 mile so you pay same if i wrote you for 80 im like wow... so he wrote down 90 to look like im speeding like a moron.
THEN he attempt to arrest me for unregistered ownership for the bmw! im like WTF read my rear window it say " SC BMW COURTSEY VEHICLE"
of course im not registered for this car. wow... what cops would do on the last day of the month...
man i got pulled over in solona county couple days ago, i was in a rental bmw since my subaru is getting its tranny fix and i was the only car at 11pm on I80! wtf so im curising around 80 and then 75 and i got pulled over. its bull**** the cop say that i was speeding 90 im like i wasnt even going past 80. cop said that this isnt the bay area the ticket increase by 10 mile so you pay same if i wrote you for 80 im like wow... so he wrote down 90 to look like im speeding like a moron.
THEN he attempt to arrest me for unregistered ownership for the bmw! im like WTF read my rear window it say " SC BMW COURTSEY VEHICLE"
of course im not registered for this car. wow... what cops would do on the last day of the month...
01-15-2008, 11:07 AM
#57
Hmm bump for the thread. I just got 27151 VC by a CHP on 101 & Ralston this morning. It is marked correctable. Catless Titek DP & JIC Titanium Exhaust. Thank god for the sleep look on the muffler. No Illegal Engine Modifications or Smog Check on the citation. They stared at the Alcon's and my new custom brake duct (courtesy of GST and Brian Lock) for a while. 
Hmm 4th Gear @ 5~6K at Laguna Seca and I got dinged for 95.5. I wonder if I can go to the a ref station and just get it checked as is. There is no way at 3.5k under no load that my car would be over 95dbs.
It seems a few people have gone with their after market exhaust and gotten tested and gotten the certificate. Crazy to do now?
No Illegal Engine Modifications or Smog Check on the citation. They stared at the Alcon's and my new custom brake duct (courtesy of GST and Brian Lock) for a while. Hmm 4th Gear @ 5~6K at Laguna Seca and I got dinged for 95.5. I wonder if I can go to the a ref station and just get it checked as is. There is no way at 3.5k under no load that my car would be over 95dbs.
It seems a few people have gone with their after market exhaust and gotten tested and gotten the certificate. Crazy to do now?
01-15-2008, 05:31 PM
#58
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i could smog anything i wanted at the smog place i go to. as long as it passes
I've smogged a Miata with black ABS pipe intake and a dirtbike foam filter at the end!
I've smogged a Miata with black ABS pipe intake and a dirtbike foam filter at the end!
01-15-2008, 06:00 PM
#59
Well because I only got it for 27151, it seems it is the loudness factor. So all I need to do is take it to an approved place to prove that it is under 95db which I am pretty sure it still is.
I just don't want to seem like an a**hole and take an uncatted car to a ref station even though the only test I want to do is the 95db test. I'll probably slap on the stock muffler after the Feb NASA Infineon weekend.
The irony is that I'm going to the Laguna Seca this weekend... its a 92db limit there......
I just don't want to seem like an a**hole and take an uncatted car to a ref station even though the only test I want to do is the 95db test. I'll probably slap on the stock muffler after the Feb NASA Infineon weekend.
The irony is that I'm going to the Laguna Seca this weekend... its a 92db limit there......
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