"Defective Exhaust" ticket...

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  • nando
    replied
    there are so many lifted diesel trucks around here with rich switches and no mufflers, I'm surprised he even noticed you. must have been bored.

    I blip my throttle for every downshift.. if I had to worry about doing it in front of cops I'd have a lot of tickets by now! my wife always complains that she can hear my E30 coming from a mile away too. lol

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  • DrJosh
    replied
    "This subsection (3) does not apply to vehicles twenty-five or more years old"

    That's it. But seriously it does sound like your exhaust is probably loud. Magnaflow is not known to make anything quiet.

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  • hoveringuy
    replied
    The reason to go to court is that I can't see the officers sworn statement until I do. He may have made a case against the "unreasonably loud" part of the statute that I may need to argue against it.

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  • Rennsport
    replied
    Does it really matter? Your car is at least 25 years old, making it exempt from this law. Sure the trooper should of known the law and shouldn't of written the infraction. The judge will dismiss the ticket if you read him the law. Honestly, I would contest it by mail, not even worth the time to go into court.

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  • hoveringuy
    replied
    Originally posted by thenewguy
    In the state of washington, you are not guilty until proven. If there is no evidence, it is assumed not done. So yeah, the court would have to provide evidence of your exhaust being modified. But I'm sure none was given.
    At my last contested hearing in the Fall the judge took pains in explaining that the standards of evidence for traffic court are not the same as criminal court. He explained that for him it was not "guilty beyond a reasonable doubt", but "preponderance of evidence".

    He considers the written deposition of the Trooper/Officer against the sworn testimony of the defendant and then decides if the scales are tipped more towards guilty or innocent. That's it.

    If you're trying to argue your way out of a speeding ticket you need to have a compelling argument because the equipment is considered accurate. For a defective exhaust I think it's a lot more loosey-goosey.

    All I will say is that it's unreasonable for the Trooper to determine the soundness of my exhaust (pardon the pun..) when I'm driving next to a jersey barrier which amplifies the sound.
    Last edited by hoveringuy; 03-09-2015, 05:46 AM.

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  • thenewguy
    replied
    In the state of washington, you are not guilty until proven. If there is no evidence, it is assumed not done. So yeah, the court would have to provide evidence of your exhaust being modified. But I'm sure none was given.

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  • delamaize
    replied
    Originally posted by george graves
    5-toes, you missed the point completely.
    You act surprised, I get the impression that Toes misses the point a lot.

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  • george graves
    replied
    5-toes, you missed the point completely.

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  • Wschnitz
    replied
    Wait someone actually cares?

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  • 5Toes
    replied
    Thats what the judge in Snohomish county told me for my ticket

    I appeared in court and was one of the last cases called, after many lawyers and other tickets.

    The judge asked me if I had an interest in civics, I replied yes. He went on to tell me that the police report for my ticket DID NOT have substantial evidence to try me and prove I was guilty of the infraction.

    The judge then asked me if I wanted to provide a testimony, but advised that if I did anything I said would of course be used against me. I did not give a testimony.

    The judge then made his ruling, not guilty of exhaust infraction, and I left the courthouse

    This is what happened TO ME IN REAL LIFE, in a Snohomish county district court.

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  • EN318isPDX
    replied
    Originally posted by TwoJ's
    Your inexperience in real life situations is very apparent.
    so true

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  • TwoJ's
    replied
    Originally posted by 5Toes
    dude its easy

    send it in plead not guilty

    show up in court

    "your honor, please prove it"
    Your inexperience in real life situations is very apparent.

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  • george graves
    replied
    Originally posted by 5Toes

    "your honor, please prove it"
    Not quite the right attitude you want to take with a judge IMHO.

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  • tytypetersen
    replied
    Yes! Good news. Just got one of these tickets as well. Here I come court.

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  • kid325e
    replied
    Once got that ticket while also getting speeding ticket. I went and contested that and it got dropped.

    "If I was coming up that fast, your honor. I'm sure he heard me coming." In the great city of Edmonds.

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