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Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

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Old 08-28-2007, 04:10 PM   #1 (permalink)
Chiznarles
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Default Exhaust Ticket VC 27150(A)

I got pulled over in Malibu, CA.. for no reason at all but he said I was speeding (I actually wasn't). But I think it was just a reason for him to get me for modifications on my bike.

So he writes:
VC 27150(A) Modified Exhaust, (GYTR Exhaust tip) Excessive Noise
VC 24601 No Plate Light

I think its fine, because I think its a simple fix-it ticket, but I notice that he checked off "No" for Correctable Violations on both.

So I call up the court and find out if I can get it fixed and they said No and I have to pay the full bail amount of get this... $200 ($130 for the exhaust, $50 for the plate, and $20 for night court fees or something).

Anyway, my exhaust isn't even loud! I'm pretty sure its under the 95db limit, but I called the number of the State Referee (CHP gave me the number) to do the exhaust testing and they don't do motorcycles, only automobiles.

I definitely want to fight this ticket. I mean $200 is a lot of money compared to a fix-it ticket. How do I go about having the exhaust tested so I can fight the violation? I think if I show up in court to fight the violation I should have some sort of proof that my exhaust is not loud.

Any ideas?
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Old 08-29-2007, 02:08 PM   #2 (permalink)
AEgeus
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Default

I'd think if they don't do testing at a the state inspection place for motorcycles then they can't say an exhaust is too loud or not. motorcycle != car in the eyes of the state ref so how could they pull you over for a car violation?
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Old 08-31-2007, 08:16 PM   #3 (permalink)
m_chevy
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My name is Mike and I'm here to help.........

I'm a traffic cop in Riverside County (That's my resume' and the authority for what makes my smart ass an expert).

24601 VC is a correctable violation. But you can't get it signed off before going to the courthouse. Get a light on the bike, then go to the courthouse and tell them you put one on it. Use the excuse you didn't know it was a required light. The fact you fixed it will make you seem concerned.

The exhaust section you will have to fight. Should be easy though. Unless the officer stood there and used a decible meter, how can he know what is too loud. If he sat in his car and used it, he can't say for sure what it was measuring.

Just go into court on the court day. This will be you intial appearance and you will be pleading guilty or not, nothing else. The cop won't even be there. You should plead not guilty. You will be given a trial date. Get information on your exhaust..... especially if it will show that it is more economical and better for the environment. Bring test data from similar motorcycles (tthis should be available from the manufacturer).

When court day comes, the officer will tell his side of the story. If the officer says nothing about a decible meter, when it comes your turn to ask questions, ask if he used one. If he says yes, ask whattraining he received and when the unit was last calibrated. See what happens.

If the officer says there was not a decible meter used, ask him to clarify how he determined your exhaust noise was "excessive." I can't see how you'd lose this if he didn't use a decible meter.

Another piece of advice (actually two pieces) 1. Go to court and watch a couple of times so you will have an understanding of what goes on. 2. Dress like a human. Suit and tie. If you don't have one, at least wear a shirt and tie. You can get "court appropriate attire" at Target, Wal-Mart or Ross for not much money. Absolutely no shorts, t-shirts or sandals. It's hard to have credibility when you look like someone who was asking to get a ticket.

Any other questions,,,,,,,,, ask. I'll be more than happy to answer.
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