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View Full Version : Going to court for After-market Exhaust Ticket (need your advice)


SUPERCHARGED
03-04-2008, 03:48 PM
I got a ticket for not having a factory exhaust around september.:mad: My court date is coming up in april and i wanted to get some advice from you guys.

Has anyone ever dealt with this kind of ticket? I asked the cop who gave me the ticket, and he said it doesn't matter how loud your exhaust is as long as it came like that from the factory. And all the after-market exhaust systems out there are for track use only. He also said all i needed to do was remove the after-market exhaust and put my factory exhaust back on, and provide evidence of it in court.

I am not going to go through the hassle of changing my exhaust and was thinking if i could just take a picture of a factory exhaust to court and tell them its my car. What do you guys think?

Shock(/\)ave
03-04-2008, 03:56 PM
You should be able to take care of this type of ticket with a quick first attendance hearing.

SUPERCHARGED
03-04-2008, 03:59 PM
What is that?

europrince
03-04-2008, 03:59 PM
did you do a driveclean test recently? if your driveclean was done after your exhaust was purchased and installed, you can bring both documents in showing that the exhaust meets the standard for the car.

SUPERCHARGED
03-04-2008, 04:03 PM
I just did an emissions test this summer. is that the same thing?
also the cop said the only way you can avoid getting the ticket is to have a stock exhaust system. Was he just bullshitting me or is that really true?

SUPERCHARGED
03-04-2008, 04:04 PM
so i can either try to defend the fact that i have an after-market exhaust or prove that i have now switched back to my stock exhaust.

europrince
03-04-2008, 04:08 PM
I had a ticket like this for my Civic like 6 years ago for having Speedy Muffler cat back installed with a 4 inch tip, plus an unsafe load charge (one of the clamps holding my battery down was loose), and improper (white) rear lights, or something like that(the side marker bulbs were clear, the APC light assembly didn't tint them red and the light was visible from the rear). The cop was a prick. I took him to court, dressed in my navy italian cut power suit with power tie. I spent 45 mins arguing, ended up getting 2 of 3 dropped. The light one remained but the fine was reduced in half. Take that, you prick.

Boots R
03-04-2008, 04:09 PM
I asked the cop who gave me the ticket, and he said it doesn't matter how loud your exhaust is as long as it came like that from the factory.

HAHAHAHAHAHAHAHAHA that made me laugh. My buddy got the same ticket. it was a stock muffler on a 6 month old car.

He just went to ford and had ford write a statement that it was a stock exhaust.

Go take a picture of someones stock exhaust, and say it's yours.

europrince
03-04-2008, 04:10 PM
so i can either try to defend the fact that i have an after-market exhaust or prove that i have now switched back to my stock exhaust.

If you have a receipt proving that you had the exhaust was purchased and installed at a legitimate shop prior to the emission test, you have a solid argument.

My receipts weren't admissible in court because it was considered 'new' evidence, as I didn't serve copies to the prosecution prior to the trial. Make sure you do so.

I still had the charge dropped. I argued whether the cop had any formal auto mechanic training to be able to decipher an emission legal exhaust at a roadside from an illegal one. He didn't.

SUPERCHARGED
03-04-2008, 04:16 PM
I found these on google and i am thinking of taking them to court, first one being my aftermarket system when i installed it :D and the second one being my car with the stock exhaust reinstalled.:rolleyes: They are both from the same car (not mine)

SUPERCHARGED
03-04-2008, 04:17 PM
do you guys think they will send my car for an inspection if i decide to tell them i changed the exhaust back to stock, or will they just accept my pics?

Toxic0n
03-04-2008, 08:18 PM
Don't do it man, perjury is a much more serious offense than your exhaust ticket. Either try to prove your exhaust is street legal or change back to stock for a couple of days while you go court. Remember, these forums are indexed by google and you have posted enough information to be easily identified.

propr'one
03-04-2008, 08:35 PM
dont do it. tell the judge you replaced your exhaust because yours was rotted out.

If i were you, i'd go waste the 30$ on a e-test, do it a couple days before your court date. Go in and show them that the exhaust is up to driveclean standards (honestly, your cat-back has NOTHING to do with emissions, but dont admit to knowing that)

Make sure the judge knows that you changed your exhaust because of PROBLEMS with your old exhaust, not because you wanted a louder one.

Ask the cop what evidence he has (use the FYST site to requrest disclosure). Ask him what the decibel reading of your exhaust was compared to some other louder cars (trucks, sports cars, etc)

You should be able to beat it in court. Worst case, its just a fix-it tiicket, but go in and be reasonable, but stick by your guns. Your exhaust honestly isn't that loud.

cisco911
03-04-2008, 08:50 PM
Actually your right, in this case a driveclean test won't do you any good...the muffler does not actually prevent emissions, it is just a sound supression device. The ticket you got was for an improper muffler, meaning that itdoes not meet the standards of the vehicle. I would either provide info stating that you replaced it with a OE muffler, of find proof stating that your muffler is a direct fit OE aftermarket replacement for your car. If the officer specifically stated that noise was not the reason for the ticket, this gives you even more reason to prove that your exhaust is a suitable replacement for an OE exhaust.

lukeh
03-04-2008, 09:10 PM
any ideas about exhausts with dtm tips, and that aren't so quiet?

ALPINE328
03-04-2008, 10:35 PM
I went though this couple of weeks ago. I claimed I bought my car with the exhaust already on ( AA tuning catback), provided a certification and emission and argued how it can be deemed street worthy by set regulations and still get a ticket for it. The judge opened up some book checked what is defined as a legal exhaust. As long as its an unbaffled system or freeflow system its not street legal.

If I had proof I changed it back to stock form the tickets would have been dismissed. But lazy me didn't have proof. So in turn he dropped one for improper exhaust and reduced the fine of unnecessary noise to 30 bucks.

R_JAY
03-04-2008, 10:41 PM
I went though this couple of weeks ago. I claimed I bought my car with the exhaust already on ( AA tuning catback), provided a certification and emission and argued how it can be deemed street worthy by set regulations and still get a ticket for it. The judge opened up some book checked what is defined as a legal exhaust. As long as its an unbaffled system or freeflow system its not street legal.

If I had proof I changed it back to stock form the tickets would have been dismissed. But lazy me didn't have proof. So in turn he dropped one for improper exhaust and reduced the fine of unnecessary noise to 30 bucks.Wait, hold up, you got a ticket for a AA exhaust? I thought those were suppose to be on the quiet side.

ALPINE328
03-04-2008, 10:53 PM
You got it! It was a dick cop as soon as he left me he chased down an Integra with a fart can for the same reason.
Look out in Etobicoke. I got pulled on the Queens Quay and Kipling area.

SUPERCHARGED
03-04-2008, 11:48 PM
If it doesn't matter how loud the exhaust is, and the exhaust passes drive clean, then why should an after-market exhaust be illegal?

I hope that argument holds up in court. (or the DICK doesn't show up).

slemmer
03-05-2008, 12:15 AM
Cop was probably a classical music lover (no offence to those who love classical music), and must have had sensitive ears...

Dr. Flyview
03-05-2008, 02:35 PM
I wonder if you had a friend at a bmw dealership that could write a letter saying whatever exhaust you have is an oem-matched replacement supported by the dealership for the car, would that work??

propr'one
03-05-2008, 03:02 PM
this whole notion is stupid. If all exhausts have to be OEM, speedy muffler should be shut down.

SUPERCHARGED
03-05-2008, 03:12 PM
this whole notion is stupid. If all exhausts have to be OEM, speedy muffler should be shut down.

Thanks thats another point i will bring up in court.

mellobudd
03-05-2008, 03:35 PM
supercharged....just bring those pics in court...tell them you had them removed and replaced it with factory muffler just like the cop adviced you. Same thing happened to me a year ago..it was a dick cop..he showed up in court and told the judge that I can't and won't be able to change my ''performance" exhaust..what a jackass. I just waved the pics to the judge and told him that when I bought the car, it came with it..didn't know this law exist, also told the judge that I did followed the officer's advice to change the muffler to factory standards. Again, waved my made up receipt and told the judge that It was only a bolt on and "can" be replaced. After stating all my reasons(Im guessing that he checked my records)...the judge let me go, you should have seen the officers face! He was still talking when I walked away...

SUPERCHARGED
03-05-2008, 03:44 PM
I don't know what to do. what if they prove my evidence is fake. or if they send my car for an inspection and during the inspection they find 10 more things to give me a ticket for.

Boss17
03-05-2008, 03:51 PM
The court system is too far backed up for them to do an investigation into an exhaust ticket. Provide them with the pictures, get an invoice from bmw for the price of a stock exhaust (they can give you invoices for anything, no problem). Don't go to court, go see a prosecutor. Tell the prosecutor you had the exhaust changed and they will most likely drop it.

mellobudd
03-05-2008, 03:58 PM
I don't know what to do. what if they prove my evidence is fake. or if they send my car for an inspection and during the inspection they find 10 more things to give me a ticket for.

they don't really bother doing that. I had the aftermarket muffler on when I went to court..this is on the old city hall..I have alot of parking choices, but if you're going to a court where they can see you park..I suggest driving a different car that day. Don't worry they won't send your car for inspection..it means more time and money for them and they don't like that. I still have my receipt and if you need it ,I can lend it to you so you can photoshop the date. The best thing is to have your car photograph with the exhaust being removed, so it shows your plate. When they see it, there's no questions asked..it common sense..they know its yours. Chill man, if I can help why not.

1BADBMR
03-05-2008, 08:13 PM
this whole notion is stupid. If all exhausts have to be OEM, speedy muffler should be shut down.

Actually Speedy Muffler is closed for business. Heard they went bankrupt

europrince
03-05-2008, 08:25 PM
Actually Speedy Muffler is closed for business. Heard they went bankrupt

well, then there's Midas and crappy tire. they carry their own make of exhausts.

ctgazer
03-06-2008, 10:11 PM
those pics wont work....first off, your car is red and the car in the pic, isnt...