If you have, what strategy did you have when you went in? I already know the laws regarding the case, so please don't post stuff about that. I just want to get an idea of how to go about arguing the case in court.

 

I did a little research and some posting on other boards that I frequent. I've decided to fight it through the mail. I basically need to just plead not guilty, explain how the exhaust hasn't been tampered with in any way to increase the sound (i.e. holes, baffles, etc) therefore, complying w/ the CA VC. Then establish the second part of the law which states the limit and the procedure for testing. Plead not guilty again as the officer never performed any scientific analyses to show that I was over the limit.

There's a bunch of other stuff I could use to argue it (i.e. although the ticket was marked as a non correctable violation, a CHP bulletin issued in 11/98 clearly states that it is to be marked as correctable. And although the CJC (Californiaa Judicial C???) approved for it to be marked as non correctable, they did not go into the proper procedures to have it lawfully changed. Having marked as non-correctable and having me pay a fine is contradictory to the current CA VC in that I am required to follow the law regarding "modified exhaust" and yet the citation itself does not require me correct the problem).

Anyway, the cop then has a chance to reply to my argument. What's he gonna say? He's a certified mechanic? That his hearing is sensitive enough to differentiate between 94dbA and 95dbA. He can argue that it sounded loud. Well...that's subjective. He looked under the car and noticed the midpipe was changed. So what? Law says nothing wrong w/ that as long as it's properly maintained and has an adequate muffler that is always on when the car is being operated. I'm pretty confident that I'll win. Any opinions are welcome as are suggestions.

 

I'm in the bay area... I got a tivket last night for modified emissions. I insited it was legal the entire time and he wrote me up for moddified emissions.

My car is not legal. It has no cats. he does not know this... I tiold him I still had three cats like the car came with. It was dark and he didn't look under my car. He pulled me over after rolling his window down and listening at 65mph. Do you think I have a case? I could put everything but the axleback back to stock and say that's how the car was.

Ash

 

What part of the Cali Vehicle Code were you in violation of? Do a search on the DMV's website for the code and read up on it. Give me the code as well so that I can try to figure out any loopholes.

 

Just a little update. If anyone gets a "modified exhaust" ticket, you can get it certified at a State referee for free. This is a limited time only as they haven't figured out a way to charge for it, so if you get busted, slap one on that's legal (if your's isn't), get certified, and never worry about getting an exhaust ticket again!

 

i dont understand how a cop can say it is modified. are cops now going to school to learn how every production cars exhaust systems look stock? if so then damn thats a good memory. hell i dont even remember which side my gas cap is half of the time~!!

<))><

 

I highly doubt that they're being trained, but it's obvious that it's been modified, grapefruit launcher or not, simply by seeing 3" piping.

Cops come from all walks of life, so chances are that someone there is into cars. I'm sure they try to provide some sort of briefing on modified cars.