Here's a link to the actual statute http://leg1.state.va.us/cgi-bin/legp...+cod+46.2-1049
It's left up to the police as to what is "excessive sound" over the stock system.

 

Definitely good advice I've read here...

Well here's how I stand now.

I am really tempted to fight the ticket now, just cause after thinking about it a little more, and reading all of this, including going thru those statutes (the one the officer cited me for exactly 46.2 - 1002) which is "Use of Unapproved Equipment" with exhaust in parenthesis.

I mean thinking back on it, he really had ZERO reason to pull me over. For all he knows, I could have just been turned around in a wrong neighborhood, considering I'm not from there (live in Alexandria, VA...and goto school in DC). Granted I did say I was going to a birthday party of my friend's...I was just literally following my friend, and I just followed him out of the neighborhood. I definitely did not rev up my engine hard at ALL, and I mean those cops (like I said, they were facing each other, basically blocking off the street itself...a good 200-300 feet away).

I mean here are my two issues with fighting the ticket.

One, I dont know much about legal process and all. I'm only 20 years old, and have never been to court before (save for my one speeding ticket 2 years ago) and I just worried that if I try and fight this, the cop would or whoever would pull out legal stuff that's over my head and I would be screwed over. Also, I definitely dont have the money to pay for a lawyer, even though I sincerely doubt that would be necesary in this case.

If I do goto court, fight the ticket, and lose, is there any way the judge can fine me more or give me a more serious punishment than the $30 ticket I would have to pay otherwise?

2nd issue:

my court date is set for December 16th, and I didnt even think about it until this morning, but I'm actually going to be out of town that day. I know you can ask for a continuation of the case, but again that just asks the question "is it worth it draw it out that much more" Cause I'm pretty sure when you ask for a continuation, it extends your court date another 2-3 months.

But dont get me wrong, nothing would make me happier than to fight this ticket, and win. It really is BS, and yes it's only $30...but I'm very petty, and I hate losing.

Another point I thought about...I mean this may be fairfax county's rule on exhaust systems or whatever, but honestly how the hell am I supposed to know that? I'm not a fairfax county resident. And even though I live in VA, I've NEVER had a problem with getting a ticket for it otherwise...not in Alexandria, not anywhere in state of DC or MD. So at least for this time, he should have given me a warning...

ah well, let me know what you all think

thanks again , it is all appreciated!

(ps if i DO take this to court, and win, i will send everyone who responded $5 and a thank you card )


-drew

 

I went to Episcopal Highschool in Alexandria St. Stephens sounds really familiar to me since EHS and St. Stephens had several football games and basketball games throughout the year if I remember correctly. I was supposed to be class of 01 but quit after 10th grade and went straight to college after spending a year in GED and other stuff.
I still stop by EHS whenever I go to NOVA to see my friends.
Ahh...this year's Woodbury game we got owned big time!

 

Drew: One more piece of advice if you chose to fight this (I know I sure would). Make sure you mention the cop's statement about it being HIS PET PEEVE. Oftentimes, if you can show that the ticketing officer has some bias against you in ANY way, it can help you get off.

For example, when fighting a moving violation, I have read that you can ask (during discovery) for the officer's ticket record. You can then look at the type, make, model, color, etc of car he pulls over a lot. Say you can see a trend on his ticketing habits (a propencity for Japanese cars or all sports cars etc), this would then be evidence in your favor that you were ticketed unfairly.

 

Seanrulz-

Episcopal is literally 5 min from my home. And yeah, St. Stephens was in the same league, or whatever it was, so we would always play you guys. Small world though!

Dr Bonz-

Thats definitely a good call! I mean thinking back on even the tone of his voice...he definitely made it clear that he is the type of officer to sit in car and WAIT for hooked up cars.

But one question though:

Even if I'm able to show that he's biased against japanese sports cars, or just cars with aftermarket exhaust...I'm still worried that wont change the fact about that statute about "the exhaust and unapproved equipment". I mean if this was you in court fighting it, would you still bring up the whole thing about him not having any kind of proof of how loud it was, nor any type of measuring device for it? Again, I just am not sure I would know how to put everything together to get out of it!

thanks again

-drew

 

OOhhh tell me bout them .. i hate those guys ... yaa a tint ticket in Fairfax is usually about 75$ to 85 i got a couple of them .. no biggie

 

Drew, I agree with you whole heartedly and I think trying to guess each city/county/state law as you drive around is impossible and impractical. Who the hell reads up on all the local laws between their home town and their destination before making a trip? No one.

Unfortunately though, ignorance of the law is not an admissable defense (okay, you can try to use it as your defense, but don't hold your breath). If it was, it is obvious how it could be abused. The problem here is an officer following the LETTER of the law as opposed to the INTENT of the law. Also, he brought emotional bias to his decision.

You should read up on the "unauthorized equipment" law or whatever it is called. If such equipment doesn't cause you to fail any smog tests or safety tests, I can't imagine it requires authorization. I don't live in your area, so I can't say for sure unless I read how the law was written.

-Mike

 

Few suggestions having parents who were cops for 25+ years each.

I'm with you, these guys sound like real ******. We have a couple areas of town in Indianapolis like that.

I'd definitely not lie about what happened..(saying your exhaust is stock, etc.) If they write that many tickets, they usually are decked out in technology. So he probably had a camera on the dash of his car.

The whole bias thing I'm not sure I agree with, nor the "right" to ask for the officer's ticket book, especially right then and there. If you DO confront an officer, plan on having the book thrown at you for every minor infraction he can find on your car.

Most judges will listen to your argument regarding the officer being biased against something. If that something is an illegal activity, you lose the case and the officer gets a medal. Bias is typically to prevent racial profiling and the like. Could be different state to state or county to county in this case.

Ditto on the ignorance is not a defense...sucks but no way around it.

I think your only way out of this is to have it metered on a db reader and have the tech put it into writing on the shop's letterhead.

You may have a case if it turns out to be below the legal limit. If its an objective call where the officer uses his or her judgement to decide if it was too loud, you're screwed. If it comes down to you say one thing and an officer says something else, officer wins.

This is all if he even shows up, which he probably won't.

If he does show up and you lose, plan on paying additional court fees. I'd research it a bit more and find out ballpark figures on what you're looking at if you lose. The judge can always decide to take your minimum fine of $30 and turn it into $300 if he's having a bad day.

 

You don't ask the COP for his ticket book. Like I said, it is obtained (from the police department) during the "discovery" phase of your trial.

 

Dude!

How hot is that. That girl is all about you now because your car was too cool for the cops. Your in there


You should have told the guy that it is an after market exaust but its the sound of the car's engine, it doesnt sound loud because you put a fart can on a 4banger!

sorry to hear about that..

good luck with it

 

I wish it was as easy as that! But ah well, things otherwise the rest of the nite went pretty well, but I think if she and I go out again, we'll stay out of Fairfax territory.

Well today I'm definitely going to get some research done, and probably the other best thing I can do at this point, is consult one of my parents' lawyers. This guy was actually the guy who ended up helping me out of a very reckless speeding ticket 2 years ago, and he actually SPECIALIZES in fairfax county cases. (Not just traffic, but does a lot of those too). So I'm going to give him a call, and see what I can get.

I'll keep you all posted as to what happens.

thanks

-drew

 

Id still think getting pulled over would add to the booty factor of the Z.

 

Absolutely fight it in court, I'm sure it will be thrown out. Just FYI only about 3% of people who are given tickets fight them in court. If more of us did they would stop handing out these silly ones as to not tie up the judicial system. Maybe LOL

 

that's the most retarded thing i've ever heard of...