Originally Posted by tofuman

Any insight as to the contents of the letter that created this ownage?

...it really takes 3 cops to cite you for"modified exhaust"? lolz.

btw good job, man!

Originally Posted by Me

29 October 2007

Your Honor:

This letter is in reference to citation # 45187, issued by the Sebastopol Police Department, on 5 August 2007.

On Suday, August 5th, 2007, my wife, Rachel deBecker, and I were returning from our 20th High School Reunion to her parent's house in Sebastopol. Rachel was driving my vehicle, a blue 2005 Subaru Impreza STi, southbound on South Main Street/Hwy 116 just south of the Sebastopol Avenue/Hwy 12 intersection.

At appromimately 1:06 am, Officer Harston, badge number 406, pulled over my wife. I distinctly remember looking at the clock on the dashboard, which showed 1:06 am.

After stopping, Officer Harston approached the vehicle on the passenger's side and ask if we knew why he pulled us over.
My wife indicated that she was not speeding, to which Officer Harston agreed.

Officer Harston told us he pulled us over because "your muffler looks like it does not meet emmision standards."

I informed Officer Harston that I own a Subaru repair & service shop in Roseville, CA, and that the exhaust was 100% stock. I offered to open my hood for his inspection; he declined.

He then asked Rachel for registration, proof of insurance, and her license.
I handed Officer Harston Rachel's license & proof of insurance. I then informed Officer Harston that while I had paid me registration fees, I had not received my registration card or plate sticker; the registration fees posted to the DMV within 6 month's.

Officer Harston then returned to his vehicle, where he stayed about 31 minutes. When he returned to my car, the dashboard clock showed 1:37 am.
After Rachel signed the citation, Officer Harston told us, "Please step from the vehicle because I'm having it towed."

Both Rachel and I complied with Officer Harston's order, but being rather shocked by it, I asked him why he was having it towed.

"Your registration is expired. You are not carrying proof of insurance. Your muffler does not meet emmision standards" was his reply.

I informed Officer Harston that I had paid my fees. He agreed to this.
So I then asked him if he knew that the registration fees were paid, why was he still towing the vehicle?
Officer Harston responded with, "Because your sticker is more than 6 month's expired."
I then asked to see the Proof of Insurance card that I handed him; the dates, in fact, were not current.( I did have current insurance on the vehicle at the time of the stop, I simply did not have the most current card in the car).

I told Officer Harston that my car is insured with Esurance & that my policy is reported to the DMV electronically. He agreed and said my policy was current according to the DMV computer, but since that the proof of Insurance card in my pocession was not current, that was what he was basing his decision on.

This next part is very important.

I asked Officer Harston exactly why he was towing my car. He said that because both the registration & insurance were expired, the car could not be operated on public roads legally.

Officer Harston then asked for my vehicle keys. I complied with his order and informed him that since the All Wheel Drive system of the car would be damaged if not towed with all 4 wheels off the ground, Officer Harston replied, "You don't have to tell me how to do my job."

The tow truck operator arrived and informed Officer Harston that he could not tow my vehicle with his particular truck as he had no way of getting all four wheels off of the ground.
I suggested to the driver that he could put it on a flatbed truck.

At this point, Officer Harston handed the keys to the tow truck operator and told him, "Just drive it to the yard."

I was shocked, as Officer Harston had just informed me that under CVC 22651(o) (1), my vehicle was "too illegal" for me to drive 1 mile to my in law's house, but was "legal enough" to drive 1/4th of mile to a tow yard.

With regards to towing the vehicle, my arguement is that either my car was legal to drive home or it was illegally driven to the tow yard.
The vehicle can not both be "legal" and "illegal" to operate on a public road.

With regards to the Modified Exhaust portion of the citation, I could not have the BAR sign off on the ticket, as the officer did not affix a sticker on the back of the ticket indicating BAR approval. Furthermore, as the exhaust is stock, there is nothing to repair.


Thank you for your time regarding this matter,



Paul R deBecker.