FL Cops...

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Old May 2, 2009 | 01:51 AM
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From: Spring Hill, FL
Thumbs down FL Cops...

Who here is familiar w/ the FL move over law? Today, I was doing 65 in a 65, and was traveling in the right lane. I happened to pass by a cop who was on the side of the road pulling someone over. Both he and the offender were in their respective vehicles as I passed by. About 1 mile later, at a red light, a cop behind me turned on his sirens, and I pulled into a parking lot. Long story short, the cop wrote me a ticket for the "move over" law, $150, a tint violation ticket, $100, and a "modified exhaust" ticket for $100, totaling out to $350 in citations.

I'm not trying to defend myself against the tint ticket, that's obviously the result of my choosing to run limo tint. However, the ***** tried to tell me that any form of "modified exhaust" that wasn't "factory" is grounds for a ticket. I have catalytic converters, and am running a magnaflow muffler, for cryin' out loud. I wasn't going around running the truck at WOT either...

What are my options for getting this exhaust violation thrown out? Anything I can do about the "move over" BS? Apparently, I was supposed to either slow 20mph under the speed limit, or move over to the adjacent lane...

The ***** even tried to right me a ticket for lift law violation. He took the trucks front GVWR out of the door jamb, and measure the bumper height and frame rail height. He couldn't throw that one at me, though. For those of you who don't know, my truck has the 6+3 combo.

Any thoughts/opinions, anybody? I'm particularly looking for replies from FL guys, but anyone is welcome.
 
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Old May 2, 2009 | 02:16 AM
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the "move over" is a fairly new law, probly a couple years old but yes you can get in trouble for it. im not sure on the exact law but its either get over in the far lane away from the cop or slow down to a certain speed not sure what it is tho
 
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Old May 2, 2009 | 02:53 AM
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From: Joplin MO
316.272 Statutes & Constitution :View Statutes : Online Sunshine Exhaust systems, prevention of noise.--

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.--

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

(b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified.

WHAT THIS MEANS FOR YOU
The law states that you MAY modify your exhaust system. You may not modify it in such a way that:

-You remove any of the exhaust components
-It emits excessive pollution
-It is louder than the stock muffler



This is not a gray area. There is no fighting this. You must adhere to these guidelines or you are liable for a ticket. If your exhaust is aftermarket and even .0000001dB louder than stock you are liable for a ticket. If you are missing a part of your exhaust system you are liable for a ticket. Shops, by state law, are not to equip your car with an aftermarket muffler which increases your exhaust noise for operation on the public roadways. Replacement exhaust components must be OEM or aftermarket and as quiet as OEM.

There is also nothing in this statute which says the officer has to use a decibel meter to measure your exhaust. It does not have to be louder than a certain decibel to be illegal. It simply has to be louder than stock. While the law instructs specific areas to set their own methods of measurement, it does not take a decibel meter to figure out if an exhaust is louder than stock.
That tells me that the exhaust ticket is going to stick.

Florida's Move Over Law (Ch. 316.126(1)(b), F.S.)

The "Move Over Act", passed during the 2002 session of the Florida Legislature, was signed by Governor Jeb Bush on May 1, 2002.

Here’s what the law states:

(1)(b) When an authorized emergency vehicle making use of any visual signals is parked or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe: 1. Shall vacate the lane closest to the emergency vehicle or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle or wrecker, except when otherwise directed by a law enforcement officer.
2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
Gotcha there too.
 
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Old May 2, 2009 | 04:24 AM
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in my area they dont really enforce the exhaust law. but if u have a louder then stock system in your truck your <edit>. lol
 

Last edited by Rockpick; May 2, 2009 at 11:36 AM. Reason: Word Censor Violation
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Old May 2, 2009 | 06:02 AM
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From: Rhode Island
We just passed the "Move Over Law" in RI.....I Love it!....
 
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Old May 2, 2009 | 06:38 AM
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GA has it ove over law , too. What part of common sense eludes you?
 
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Old May 2, 2009 | 07:51 AM
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Sounds like you're pretty much. The muffler part is about as retarded as it comes tho. If it's illegal to alter your exhaust and make it a fraction of a db louder, then why is it legal to sell and install them? That just opens up shops and manufacturers for law suits because they're selling you stuff that's illegal. It'd be nice if they're going to enforce that bs they start taking out all the ricers with their fart cans.

The 'move-over' law is a good one tho. Being on the side of the road and having somone, especially in a truck, fly by at 65 is a little unnerving. Ever feel how much your truck moves when you're sitting and waiting to make a left-hand turn and cars fly right by you at 45-50 or more? Now think of it without the protection of a truck and people going faster. I've seen enough pics and video of some asshat who isn't paying attention and clips or even nails a cop car that has someone pulled over. I'll even move over on the highway for anything stopped on the side of the road with or without an emergency vehicle there. Never know when a door is going to swing open.

It does sound like one of the 2 cops had something jammed up is **** or something to prove for hitting you that hard. Note to self for when I get stopped: roll down windows and turn truck off ASAP before he gets out of the car.
 

Last edited by Bluejay; May 2, 2009 at 05:17 PM. Reason: Please quit circumventing the language filter
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Old May 2, 2009 | 08:19 AM
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..Geez, that exhaust law looks harsh....It must be brutal on the motorcyclists as not many keep a stock exhaust system...

Sounds like you live in a police state....
 
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Old May 2, 2009 | 09:19 AM
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I think America has gone too far with laws. They have more protection for themselves than for the people.

So say if I had my 4-ways on, but I'm not an emergency vehicle, oh, it's ok if people don't move over and my truck or myself gets killed. Smart move.
 
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Old May 2, 2009 | 10:13 AM
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well, the guy had no reason to be such a to nail me that hard. i wasn't mouthing off to him or anything. some people think because they wear a badge on their uniform, they are better than everybody else. this guy was one of them.
 

Last edited by Bluejay; May 2, 2009 at 05:18 PM. Reason: language
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Old May 2, 2009 | 10:15 AM
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Originally Posted by Paratrooper
..Geez, that exhaust law looks harsh....It must be brutal on the motorcyclists as not many keep a stock exhaust system...

Sounds like you live in a police state....
they dont touch choppers or any motorcycle, i dont understand this seeing how no matter what i do to my truck it wont be as loud as a chopper... nature of the beast i geuss.

Originally Posted by ManualF150
I think America has gone too far with laws. They have more protection for themselves than for the people.

So say if I had my 4-ways on, but I'm not an emergency vehicle, oh, it's ok if people don't move over and my truck or myself gets killed. Smart move.
The "move over" law protects you too... well here in FL it does. Even if you pass a work crew you are still violating, if you get pulled over or not is different. I work on 3 different highways and i work very closely with the local FHP, and HCSO. Ive only seen 1 actually inforce the "MOVE OVER" law

Now the exhaust law even though it will stick, its BS. who pulled you over? Lakeland cop? They were just adding on. You can fight it but i wouldnt waste the money. They didnt give you a fix it ticket did they?

id just say lesson learned and move on. Not really much you can do.
 
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Old May 2, 2009 | 10:19 AM
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it was a Polk co. sheriff. another sheriff, and a state trooper came during the stop as well.

i understand i violated the move over law, and tint law, but an exhaust violation for aftermarket muffler/tips is ridiculous.
 
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Old May 2, 2009 | 10:21 AM
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and dont let this flaw your image of FL cops as a whole. These guys were just on a power trip honestly. There was no reason to enforce the law that late after happening.

then for them to just pile up the stuff is crap, that tells me they were just havin a bad day or on a HUGE power trip
 
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Old May 2, 2009 | 10:24 AM
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Originally Posted by minimonster17
it was a Polk co. sheriff. another sheriff, and a state trooper came during the stop as well.

i understand i violated the move over law, and tint law, but an exhaust violation for aftermarket muffler/tips is ridiculous.
yes it is, but its also writen just like that. So theres not much you can do. it sucks and is plan stupid.

Most Officers wont EVER enforce that law.
 
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Old May 2, 2009 | 10:42 AM
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that is very true.... which is one reason why i dont really like the law... some are ok.. but most are just ****s trying to show you who is "boss"
 
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