I got pulled over and issued a violation of $142 for operating a motor vehicle with defective equipment. His reasoning, the exhaust was to loud. What would you do about this.

A) pay the ticket

2) battle in court*

III) other


*noted, I attend college and the court is 100 miles away and is on a weekday, so would have to work something out.


Ok, Under Oklahoma Title 47, Chapter 12-402 it states.

A. Every vehicle shall be equipped, ma intained, and operated so as to prevent excessive or unusual noise. Every motor vehcile shall at all times be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle.

B. The engine and power mechanism of every motor vehicle shall be so equiped and adjusted as to prevent the escape of excessive fumes or smoke, or both.




So, I have all four stock cats, and a Flowmaster 50 SI/DO pointing out the side. So obviously its louder than originally equiped on the vehicle. Should I try to plead with the judge about gas milage savings, compare and show a chart for the 240 miles per weekend, prolly 9-10 times a semester, 2 semesters a year, 5-6 years of college. And show the gas savings and how that helps? Any suggestions???


Oh, the commercial contract law class isn't helping this case out any.

 

'You gots to pay to play'

If you decide to fight it, let us know what day you will be on 'Judge Judy'. It should be a knee slapper.

 

Oh, I've got a Brown Tweed suit alreay to go and some Nifty Maroon wingtip shoes ready for my court appearence with da' Judy.

 

You admitted in your post that the new muffler is slightly louder than the stcok one. If you believe that then the judge will have a hard time ruling in your favor.

The gas mileage increase sounds good but I doubt it will sway the judge. A lot of times if you take it to court and lose you will have to pay court costs on top of the fine. Although the judge sometimes will let you pay in the form of community service or have a little time to pay. Personally if there aren't any points associated with the ticket, I'd just pay it, your insurance won't go up even if your guilty.

I don't know the laws there, but here some officers will tell how to take care of the ticket the most expensive way and if you don't read the citation that is how people take care of it. There is one law over here that is a defective equipment citation that gives 30 days to fix the problem, have it inspected, and have the ticket dismissed all costing $9 instead of $46.

 

My advice…

Find out who the judge would be and then if the judge has a daughter. Do the daughter…

This way when you go to court and get hammered at least it will be worth it…

 

If you are going to fight it, talk to a lawyer first.

Also I would not even bother bringing up the gas mileage thing, absolutely no relevence.

If you want to plead with the judge, tell him that the original muffler had it's life cut tragically short and you decided to replace it with an aftermarket exhaust b/c it was cheaper then the stock one from Ford and that you had no clue about the law.

 

any judge in his right mind will know that aftermarket exhaust systems are on 25% of trucks on the road today. Simply explain that your MUFFLERED truck is 100% legal and that it is not excessivly loud, which a 50 series flomaster muffler isnt too loud but it is a decent amount of sound.
Id be screwd since i dont have no mufflers and its loud!

Good luck Phil!

 

Thanks for everyones insight.

well, talked to a few law professors and a past DA and they said to just pay the ticket and go. The only defense, since I have nothing to prove is that the law officer would have to prove its louder, and since Highway patroll offficers are trained proffesionals that most have been in law enforcement for some time, thier judgement is what the judge will normally go by. So in reality it would be a small chance I could win. So i'll just pay.



Think I should pay in $1 dollar bills?

 

PENNIES!!!!!!!!!!,,,,98

 

Pay with pennies. If they give you crap about it, tell them its legal tender according to the United States Treasury Dept. and that if they have a problem with it, take it up with them.

 

find out what the limit is on decibels permitted by vehicle exhaust.

what did the officer use to measure your vehicles decibels produced?

did the officer measure noise level?

check flowmaster site for statement that muffler is legal in all 50 states. some are some aren't.

if your not "legal" with that exhaust, go to court with a receipt showing you have installed a stock and quiet exhaust.

just a few ideas. i have fought thses before and usually win, although i did "win" one and still get charged the fees. small towns have to create revenue some how you know.

 

that is BS, there has to be a legal limit for noise level. you are either within it or not. but to be charged the officer would have had to have measured your vehicles exhaust noise level.
DO NOT take that vehicle to court if you appear. they may want to measure it then. the officer had a chance to measure it and didn't. they must prove you are guilty not say they think so.
stand up to them. if we start letting officers get away with "i think it's too loud" then what's next "i think you robbed a bank i was prof. trained and can guess that"?
i'm not slammin cops, at all, i just want to make sure you're not taking a shaft for no reason. don't be intimidated by the badge. respect it, but don't fear it, you know what i mean.

 

You are guilty by your own admission. Pay the fine. It's much cheaper than fighting, believe me.

If you don't want to ever pay the fine again, conform to the law or get the law changed.


Lots of people hate loud cars and trucks. They know you replaced your nice quiet stainless steel stock exhaust to make your truck faster, and that makes them like you even less.

Saying you are guilty, but the law is unfair, enforcement is unfair, the cop didn't put a db meter on your truck, etc... is not going to get you anywhere. Some ill-tempered, noise hating judge will make you the law's bitch before you know what hit you.

Trust me, "Innocent until proven guilty" sounds great in school, but it is not actually practiced in traffic court.

Seriously, unless you want a very costly lesson, just pay the fine.

 

I used to be a peace officer and have written/enforced a few laws in my time. For the most part, I agree with Wildchild but when I read your state's law, a. (last sentance) it reads:

"No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle."

You're screwed Dude. That statement is not at all vague, no wiggle room at all! Is the law right? No! Is it wrong? Yes!
I think absolutely at least 25% of the trucks in your home town would fail this law. But with no decible level on the books, as any *reasonable* excessive noise law should be enforced..your at their mercy. But always go to court cuz if the cop don't show, the case will be dismissed without you saying a word. If he does show, change your plea to no contest but offer to fix it with a junkyard STOCK muffler for a dismissal. Go get the receipt, go back and show the judge and get out of it.
NOTE! All laws ain't the same, but at least run it by a local friend to see if that could fly, ok?

 

Ask the Judge why a Harley can be so loud,( i had one pass me on the road one day and it almost blew out my eardrum) and your truck, which is much quieter can't.
(harley motorcycle)