Cali Cop cited my wife for Flowmasters... quick question.

[jolinc01]

Oh the responses in this thread are quite funny. Ironic how everyone seems to be fully versed in the methods and rules of police officers and their day to day activities.


First things first, where I work there is no state code for noise so I have never had to deal with this. Sure some cities around here have noise ordinances but I don't enforce city ordinances, just state codes.

Secondly http://tinyurl.com/c9joku5 is ridiculously long for an exhaust section. It explicitly states what you can and can't have ie: bypass, cuttouts etc, and gives you a hard db rating, which is really just empowering you.

In comparison ours is quite simple, if it's not stock it's not legal. Now with that being said, the only actual tickets I write for such code is on these guys.

Because that is dumb, and we don't have gross polluter laws like you all in Cali. It seems certain departments can't be left to their own judgments when citing trivial things like exhaust.

Also, I don't have a quota I don't know if he does or not. Everyone seems to think cops have quotas and personally I don't know any who do. But that is besides the point. If he indeed does have a quota he was really reaching high on this one to get that scratch. Point being, he already has the numbers now so you might as well fight it. You got no reason to lie here so I believe your car is under the required db ratings so you might as well prove it. I write my tickets to people who need them, not pregnant women with big mufflers. That being said I show to all my court dates, if he was just needing the numbers he could probably care less about a conviction and he may not show. Not to mention the fact that it is a fix it ticket and I would try to have it signed off on first.

Here there is no jury trial on traffic, it's you, the officer, the prosecutor and the magistrate (judge). Unless you appeal a decision you won't get a jury, and that's costing some money.

Also it is up to them to prove you are guilty, not up to you to prove your innocent. The burden of proof is with them.

109$ is some **** just to get a certificate, but if your car really isn't that loud I'd do it. It's about principle and he wont be citing cars for defective exhaust unless they really need it from then on.

Advice, try to get it signed off first. If not, just call a traffic lawyer. He can tell you want to do over the phone in 5 mins if he chooses too.

Now if you excuse me, it's time for my shift of harassment and beatings.

Chris thank you for writing the dumbasses with stacks tickets, I love diesels but stacks are dumb. Anyways I think California is the only state I know that has a DB law that's strongly enforced, I know Indiana doesn't have one. Also I agree it is funny how everyone knows the law and to see responses.

Hey OP...How many Harley riders have you ever seen pulled over and issued a ticket? Ok now how many cars/trucks have you seen stopped and issued no/loud muffler tickets? I have a huge issue with that, know an officer that owns a loud Harley but only writes no/loud muffler tickets to cars....That's why I always stopped Harleys.

 

[Robot]

Theyre full of ****.

The LS is not that loud, even with flowmasters. Its not a pushrod dodge.

She was driving the WRX though. They can be quite loud especially when they do the turbo pop. I got a ticket in Detroit for noise and for flaming a motor cop with my CRX Si. $468.00

 

[Telco]

Chris, I applaud you for ticketing those smoking SOBs. I had the bad luck to have to follow a half dozen of those turkeys and they were showing out for each other. I couldn't see the da**ed road, had to pull off for a bit. Pollution aside, being forced to follow these guys is downright dangerous, plus the raw fuel they are spitting out leaves a fine oily layer of diesel fuel on your car. Hope you didn't just spend a few hours waxing.

 

[Upstairs Chris]

Not according to the U.S. Supreme Court. A policeman's job is to investigate crimes. I would assume that issuing a ticket falls under investigating a "crime" and protect SOCIETY, not an individual person.

Well I don't know anymore about the case other than what http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales states. Within that wiki page are other similiar cases to lead up to this suprume court decesion. Particularrly this one http://en.wikipedia.org/wiki/Warren_v._District_of_Columbia The suprume court decesion comes as a suit protection to police departments in general. All of the example cases involve some sort of questionable situation but not all the facts are given.

If someone came into your house and murdered you, prevously it would be possible for your family to file a suit against the police. It is a ruling that states the obvious, we are not there to protect you individually unless an external realtionship exisists. But of course the internet armchair legal experts all say "The cops aren't here for us!" We are here for everyone equally, or as you put it society in a whole. Not specifially one individual. Its not "To Protect and Serve John Doe". When someone's house is on fire and the call the fire department and they arrive in 15 minutes and extingush the fire but half the house is destroied people don't sue the fire department for not being quicker or more effecient. Unfortunetly, this is what happens to police departments. This is no more alarming than the suit protections that corporations receive for putting ultra fine print text on their products that you might die.

@Chris - thanks for the break down and the advice - Please note, I am in no way shape or form knocking police officers, just this one. Just this one lonely guy in corona California that pulled over a 9 month pregnant woman going the speed limit to college in 99% stock subarua with a Flowmaster muffler that was given to her as a gift...

My pops is the police sergeant of Denver and my brother works Gang Unit in East Chatt. So nothing but respect for the badge, unless as noted above - it's not used properly. Then I think we can alllllllll agree.

I understand man, and I know you weren't knocking anyone. Some participating members of this thread however liked to comment irrational statements and made no contributions to this thread other than trolling.

Like I always say, I'll respect the uniform, but the guy wearing it is another question. I'll give them respect at the start, but it's up to them to keep it. Just like with any individual you meet.

In my experience, if you are decent with the cop, they are usually that way with you.

Were humans you know. Some of them suck, despite what uniform they put on each day. I can assure you no one hates cops who abuse the system more than cops who don't. Gives a bad name for all of us.

Hey OP...How many Harley riders have you ever seen pulled over and issued a ticket? Ok now how many cars/trucks have you seen stopped and issued no/loud muffler tickets? I have a huge issue with that, know an officer that owns a loud Harley but only writes no/loud muffler tickets to cars....That's why I always stopped Harleys.

Well in the California code section on exhaust that I linked above, it exempts mortorcycles from the db clause. Most likely due to lobbying on motorcycle activist groups. Probably even manufactures too, some bikes are over 95 db stock.

Chris, I applaud you for ticketing those smoking SOBs. I had the bad luck to have to follow a half dozen of those turkeys and they were showing out for each other. I couldn't see the da**ed road, had to pull off for a bit. Pollution aside, being forced to follow these guys is downright dangerous, plus the raw fuel they are spitting out leaves a fine oily layer of diesel fuel on your car. Hope you didn't just spend a few hours waxing.

When my cruiser was undergoing repairs I had to commute in the LS and change and get into a spare car at the detachment. It's quite rednecky where I work and a few times I was behind these guys in my LS, which is white. I was not happy, so that's how that started.

As you can clearly see, the difference between the Cali code linked above to this

"17C-15-34. Mufflers; prevention of noise, fumes and smoke.
(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Such muffler shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway."

Is substantial. Like I said, legally I could ticket every person with exhaust other than OEM, but because were not asshats, we don't. The judgement discretion is there for us, because we don't abuse it.

 

[RigsLS]

Trolling, Trolling, Trolling "participating members" ... oh wait, that's gotta be me again!

Anyhow, I thought this was about someone's pregnant wife on her way to class
getting a stupid ticket because someone didn't have something better to do ?
About a family that really deserves or needs this right now?

Now it's about you and how you can't allow others to have their own opinion of COPS ?

I'm not even interested. Enjoy and ..... Bye!

 

[Upstairs Chris]

Excellent!

 

[LS4me]

I've got Super 40's on the LS - and my wife has a 3" cat back Flowmaster set up on her WRX - it is NOT LOUD - just a good rumble. She got ticketed in Southern California (Who tickets a 9 month pregnant woman on her way to college??) - regardless, I've done the research and know I need to set up a DB test at state Referee - which cost me $109.00 --- plus my f'n time. and then appear in court, again, costing my time.

Question is - does anyone know if/when the car passes and I prove to the court that the cop was just harassing my wife - Is there ANYWAY to get my $109.00 bucks back.

It's not about the money. It's the point, and they should not get to keep one f'n penny of mine...

Did you look up the exact VC violation? You may be able to beat this using the VC against him. Flowmaster should have a db level for that particular muffler posted on their web site. Look in the specifications section; if they have one.

 

[Upstairs Chris]

Did you look up the exact VC violation? You may be able to beat this using the VC against him. Flowmaster should have a db level for that particular muffler posted on their web site. Look in the specifications section; if they have one.

I already posted a link to it, it is 95db.

http://tinyurl.com/c9joku5

 

[merlon]

i think we have established that it is at the discretion of the officer to either issue you a fix it ticket or write one off when it comes to minor modifications such as mufflers. (you sure your wife wasnt romping on it? doing a burn out?)

As i have previously said, i received a fix it ticket for my exhaust in CA and was able to get it signed off without changing anything. You still have to pay a $20 fine, but realistically it is not worth going through the effort to fight it just to make a point that your wife was being "harassed". In my experience officers usually have a reason to pull you over and cite you, they dont do it because they love the paperwork.

If this was a point on your record, then i might suggest fighting it but seeing as it is just a minor infraction i seriously suggest you try getting it signed off and tipping the great state of California for its fine exhaust police task force.

 

[KAIN81]

@Chris & Merlon - thanks for convincing me to send her BACK to the police department. In and Out in 15 minutes, signed off - no problem. She must have just gotten an officer that was not keen to write it off.

Btw, the nice office that signed it off said the guy who wrote her the ticket is a traffic cop and does this known for this. Glad we just moved out of that city...

 

[Upstairs Chris]

Well good I am glad it was taken care of so easily. Some officers are different than others, we had a really overly stern ticket writer when I first got to my detachment and he caused nothing but problems really. He's moved on now.

Anyway, again glad it got taken care off. Sounded like it was really trivial and unnecessary in the first place.