"Defective Exhaust" ticket...

[varg]

I gotcher defective exhaust system right here!

Try not to blip the throttle around cops or HP. Channel Driving Miss Daisy

[Sps]

Here is a major point for defendants in a traffic court in California. DO NOT WAIVE YOUR RIGHT TO A SPEEDY TRIAL! California is so back logged that it may take them 8 months for your trial to be scheduled. That is not a speedy trial. You can request to have your case dismissed on these grounds.

Quote


Federal guidelines for "speedy trial" are vague at best. California however has a specific statute Penal Code 1382(a)(3) which directs the court to dismiss any misd. or infraction that is not brought to trial within 45 days of arraignment or plea unless there is a showing of good cause for the delay.

In this type of situtation a Motion for Dismissal pursuant to this statue should suffice in securing a dismissal from the court.

There is also case law in California that specifically states that in the case of misdemeanors the unjustified delays alone show prejudice against the defendants case. (Pickett v. Municipal Court 1970)."

[george graves]

Yep.

lookup RCW 46.37.390

State Patrol??

Thanks. I printed that out and am going to put it in my glovebox. Even though my car isn't that loud.

[SoundByte]

Wait someone actually cares?

I don't even.

[Matt-B]

Had a friend in hillsboro get 1 of these last night...he has a complety stock system but also was coming out a tunnel on 405. Dafuq

[hoveringuy]

Have to go to court on Tuesday for the same thing. Did you just say that your car was 25 years or older and that its exempt?

Yep.

lookup RCW 46.37.390

State Patrol??

[tytypetersen]

Have to go to court on Tuesday for the same thing. Did you just say that your car was 25 years or older and that its exempt?

[kye]

Nice that the ticket was dismissed.

Bummer to hear that you were illegally stopped and interrogated by an individual that PROBABLY does it on a daily basis. Oh yeah and carries a gun and a taser.

I dont even speed anymore the state patrol busted out some serious unmarked lately.

[nando]

Ticket dismissed.

What I thought was interesting is that the Prosecutor visited with all respondants before the judge entered chambers and offered an ammended charge of Careless Driving in place of speeding! There were some folks that had 20mph over tickets reduced to Careless Driving!

I had something similar happen, was in court on new years eve. the judge wanted to go home - we just had to swear we wouldn't drink and drive, and we were off the hook (the only exceptions were no license or no insurance tickets). I was prepared to argue the ticket but I didn't have to do anything!

[Matt-B]

Sounds like maybe you tried to get his attention.

[5Toes]

Funny how life works sometimes, eh

[hoveringuy]

Ticket dismissed.

What I thought was interesting is that the Prosecutor visited with all respondants before the judge entered chambers and offered an ammended charge of Careless Driving in place of speeding! There were some folks that had 20mph over tickets reduced to Careless Driving!

[AustinK425]

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

[iansane]

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.

Request discovery.

[hoveringuy]

"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.

That's it, except for (1):

(1) 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, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway

All vehicles, no matter the age, can't have excessive or unusual noise. Not modifying an OEM exhaust only applies if the car is less than 25 years old.