Fighting a ticket from a cop

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#11

10-04-2011, 12:37 PM

90 Civic

HCF Member

Join Date: Jul 2010

Location: YUMA AZ

Posts: 409

Quote:

Originally Posted by Lambo Civic

I have a real old school Greddy muffler. The tip is so big it literally gives rise to the "coffee-can exhaust" term people use. I was installing new headers and a down pipe on Aug. 25th and didn't finish connecting the down pipe to the catalytic converter because of some issues. The following week, Sept. 4th, I was pulled over one block from my house, leaving my house to go to the gas station. The cop was a total jerk. I don't blame him for giving me a ticket cuz of the noise necessarily, but it could have been at least a warning. I told him it had been 11 days since working on the car and I thought I needed to bring it to a shop to finish the down pipe to cat. He called me an "a**hole car enthusiast" to my face, saying I was disturbing my neighbors sleeping at 9 AM in the morning. The ticket said "Local noise ordinance and loud muffler." Those exact words. Uh, how can you hear my muffler if exhaust isn't even making from the down pipe through the hanging 1 inch gap to the cat?? I decided to fight the ticket after having the down pipe to cat bolted at a shop, so I would have legal proof for the judge that it was done. I'm hoping the judge will also throw out the ticket cuz of the cop writing "loud muffler" on the ticket when I told the cop the sound was coming out of the down pipe.

So now I'm all paranoid, not wanting to draw any attention to my car and thinking I should get a new muffler. Definitely not gonna get a Honda OEM muffler though. Sent my friend, a mechanic at Mercedes-Benz, a few worried emails over the past couple weeks about all this and this is what he said:

"You should be ok with showing your exhaust repair. You could show a judge any receipt for a muffler, they don't come as "legal mufflers". It really is at the discretion of the cop as to how loud is too loud. You are so stuck on the muffler when that is not the issue. You had an exhaust leak that you repaired. Even if you show a judge that you took it to a Honda dealer to have an entire stock exhaust system installed, he can still uphold the ticket you got."

What do you guys think about this, besides the obvious fact that I'm paranoid as hell now.

Thanks.

I agree with your friends email. Most towns, cities, & counties have noise ordinances. Playing music to loud falls under that in many cases. The County I live in it is Disturbing the Peace loud noises that can be heard over 50 ft away fall under that. Not only can an LEO but a Citizen can make a citizens arrest over loud noises.
As far as driving an ILLEGAL vehicle to be fixed I doubt many if any States allow that. USE A TOW TRUCK would be what you will be told.
As for you situation. I would fix the problem. Go to Court & explain your situation to the Court & show it is fixed. Now remember under FEDERAL LAW & Many STATES it is ILLEGAL to modify the STOCK Exhaust. So think about that also.
I know what I have said isn't what to hear, but it is your time & money in Court.
As for the LEO that talked to you that way, you can file a complaint with the Police Dept Or Sheriff's Office which ever her or she was a with.
I once complained about a Highway Patrol Officer for aggressive behavior. It when to his Sgt, then to his Capt, & I received calls from them, it finally ended with a call from the States Northern Section Major. I didn't file an official complaint I just wanted it noted in case it happened to someone else or had happened before.