HellaWhat

I went out to Tracy to helpa friend of mine with his computer and after I left, this transpired: (it's somewhat long, but try to read before u flame me?)

I was leaving his house and was sitting at the light waiting for it to go green. I saw the CHP officer stopped the oppisite direction and once the light turned green I knew he was gonna do a U-ey and nail my ass. I was like "great, my front plate..."
Well guess what? Anyhow as he's writing up this "citation" I ask him why i was being given the ticket and were my exhuats exceeding the 95dbA limit for a car under 6,000lbs? His response: "I didn't get you for that, I am citing you for haivng a modified exhaust."
Well guess what I think I'm gonna fight this if I can get the proper documentation from HKS. Why? It's a matter of principle and I don't feel I violated any laws (other than I didn't have my front plate on, for whcih he didn't nail me on but I know that is a no-no). Do I think the no-plate helped? Part of me does cause I think if thats the reason he circled around, then I'd have a violation for that and the exhaust. But no. In fact you know what else he said to me? "Are you out here for teh races?". That to me constitutes a profiling of some sort as there was another CL in the intersection.

27151 of the California Vehicle Code:

27151. (a) No person shall modify the exhaust system of a motorvehicle 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.
(b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less
than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment.

The last line is what I think will help me. It says the exhausts are not limited to just OEM equipment and can be Aftermarket. With what he said, he was trying to convince me I was violating the law because I had an exhaust that wasn't OEM and changing ti was illegal. Chaning it is, IF U violate the above said. I'm gonna get in contact with HKS to see what can be got from them to help me out.

What do you all think?

louisn

Don't forget, the police have to prove their case beyond a reasonable doubt. You don't have to testify or prove anything. How they will prove that you exceeded the db level is going to be key. I would plead not guilty and show up in court. The fact that you had an aftermarket exhaust is only important if they can prove you exceded the db level. Also, you need to find out what Cal 27150 says since the statute is phrased in the alternative.

Edub-TL

Maybe they made him work on Saturday.. and he's taking it out on you..

But some cops are anal about this..

As long as it is carb certified, you should be alright..

Tracy cops :thumbsdn:

Also, be on the lookout when you're in Saratoga with exhaust too..

That really sux..

SleeperCL

I'm curious to know exactly how he knew your exhaust was over 95db's? It says in part B; when tested....
Fight it!!!

HellaWhat

Thats the great part. His light turned green before mine, so i was sitting still, he then did the U-ey, the followed me and from there he asserted I was in violation . Most of u don't know the makeup of Tracy, but a chinaman isn't a common sight. I'm willing to beleive there's a bit of profiling here, or the foo was jealous.. "this is a gorgeous car you have here though"... :sqntfawk:

EricL

They were talking about this very issue in Sport Compact Car (forgot which issue or issues).

link1: http://www.bikersrights.com/states/c...0_attach3.html

Sema link1: http://www.sema.org/content/?ID=1050...=exhaust+noise

Sema link2: http://www.sema.org/content/?ID=8134...=exhaust+noise

"Governor Gray Davis signed into law SEMA-sponsored legislation to compel law enforcement to tie exhaust system noise citations to a 95-decibel limit under SAE test procedure J1169. The bill was initiated to address the problem of motorists who drive vehicles legally equipped with modified exhaust systems from being erroneously cited for exceeding noise limits and to remove all conflicting provisions in the law and regulations. The bill still allows officers to cite based on a subjective determination that the exhaust system exceeds the 95-decibel limit. This provision remains a bone of contention and SEMA continues to work with the California Highway Patrol and others to investigate possible solutions."

JRock

First of all, since he was in front of you before he made the u-turn, he had no reason to believe you had aftermarket exhuast.

Fight the racial profiling aspect too.

HellaWhat

Damn, those were some good links dude..!

I like this part:

"Many of these citations are being written when there is no violation of the code and without regard to the practical intent of the law. The enforcement policy currently used by police officers considers nearly all exhaust system modifications to be in violation, even where the noise levels are not excessive or unusual. This policy leaves exhaust system manufacturers, dealers and their customers without recourse."

The race card has been so overplayed, I'm not gonan go there. Feeling I was being profiled and using that sa a grounds of dismissal are two different things.

HellaWhat

Guys, thanks for the support. I lub thsi place

JRock

Yeah, unless you got Johnny for your lawyer, don't bother with the racial profiling. It's just a shame that's how it is though.

lowpost

I posted this response to someone else just a few days ago but....

Awhile back,I got a CHP ticket for my GREDDY exhaust, and the place I bought it from gave me some GREDDY certification papers that showed not only was the exhaust legal in California but it was ceritifed by the CHP as a legal oem replacement. I took this to the Oakland CHP headquarters, showed them the papaers, and they just signed off on my ticket (the fix-it portion. I did pay the violaton fine becasue I was pulled over on the grapevine and I wasn't gonna drive down to King's County on a workday to contest 200 bucks).

Anyways, check with HKS to se if they have any certification papers like this.....if you can make it to court, I would contest it.

HellaWhat

Tracy is only about an hour and a half away. I'm gonang o if HKS can provide me with papers. And yeah, i've already dumpe da Q on HKS.

TypeSKid

Cliff Notes?

HellaWhat

TypeSKid

Did u ever attend high school or college?


Cliff Notes= A short summary of a long story.

acura_service

tell the court you want to see the calibration records of the non existant tester he used - maybe he was robocop?

Red Rider

Fight it Hella, sounds like B.S. I hope you are below 95 D.B.s and have the documentation.

HellaWhat

Yeha, but I didn't use those. We had books.. yes even the Los Angeles Unified School District has BOOKS.

This issue wouldn't bug me as much if I dind't think he was targetting me.

TypeSKid

Cops are always right. I hate to say it, but those pricks always get their way.

Good luck though.

bobowah_RENAMED

sucks dude...

I would fight it then have them measure it at the referee...
Did you ask the pig do you give tickets to the harleys that drive through here? Or the modified mustangs without any exhausts from the red-necks or wet-backs in these parts?

carlsonho

Fight it, man, if you can get the HKS papers to back you up.

If you were driving a Stang or Camaro with a loud exhaust, I am sure that the cop wouldn't even look at your direction. Cops hate imports, especially nice imports.

I got pulled over for speeding 2 weeks ago. The cop was walking around my car (I didn't even have the plates yet), I said "What are you looking for?" He said "Trying to see if you got any illegal Mods." I said, "My car is all stock! I have alarm and speakers, are they legal?" (I was yelling at him) He was kind of mad but couldn't do anything.

kuwolde

This isn't off-topic.

Rock Dog

I don't know what's worse. Getting the ticket, or being called out for too much rice.

J/K Hella, fight this one. They have nothing to stand on.

Chrisbert

Ah, the Socialist Republic of California.
How do I hate it; let me count the ways. Sit back and relax; this may take several days.

gmilian

got to fight it. besides how does he know it's more than 95db? did he have a meter? buy a cheap radio shack one, then give it to me after you're done , and show the judge it doesn't go over 95db. yeah i hate driving through redding and tracy. nuthin' but white racists.

Don's TL_RENAMED

I was pulled over for going 55 in a 45 zone and the cop gave me a ticket for no front plate, blue turn signal lights, and modified exhaust on top of the speeding ticket! Then I put my front plate back on, put back my amber turn signals, and brought my paper from Tanabe saying that the exhaust is 50 state legal to a police station and got a pig sign it off for me. He didn't even get out and take a look at my car and just signed it off!

Then I went to court to fight the speeding violation. The cool judge dropped it and I ended up paying $10 for the 4 tickets that I got. SUCK IT damn pig. Wasted my damn fucking time for just $10.

So definitely get some paperwork from HKS and just have a cop sign it off and pay 10 bucks.

Nicky Pass

RE-GODDAMMNED-DICULOUS