Emergency Emergency! Need help ASAP!!!!
07-16-2006, 11:19 AM
#1
Emergency Emergency! Need help ASAP!!!!
Ok guys and girls,
Last night was literally the worst night of my life to date and I hope that last night is as bad as it ever gets for me.
My worst fears about venturing into turboland manifested into reality as I attended a car meet in San Diego last night. I parked with some other cars but was so hungry, my friend and I went to a restaraunt in the plaza about 50 yards away. As we were eating, I got a text message saying I need to stay inside the restaurant because San Diego P.D. has the placed blocked off and they are inspecting cars!!!!
To make a long sotyr short, they inspect most of the cars and haven't gotten to mine because I am not near it and the cops were told I was in the restaraunt. My plan is to play innocent but it doesn't work. After they tow away a few cars, two tow truck drivers start phucking with my car and actually open it without me being there, without my discretion and my alarm goes off. Me and my friend race over to see two cops already in the car checking things out and they pop the hood latch.
I start yelling at them asking them why are they braking and entering into my car yet they play it off as if they have a right becasue the Costco management gave them the autorhoty to do so because I guess the parking lot was a scene of burnout and other mayhem. There are no visible signs ANYWHERE saying 'No Loitering' or 'Private Property', 'Costco Parking Only' or times at which a car can be parked before being towed away.
The cop said that he had talked to the manager so everything i got was only hear-say.
After telling me this b.s. he tells me to open my hood which wa already unlatched and I do. He ends up giving me a ticket for the turbo system citing 'modified vehicle- must provide State Smog Referee Cert per 27156(G) VC'
In addition, my car has been put on a 'non-op' status and he told me that my car can only be driven to my home, work or place of repair and must remain there until the car has been fixed and certified.
If my car is pulled over beofre it has been certified, I can go to jail and the car will get impounded.
I am currently researching Referee Stations which happen to be private Smog Check companies to see if they can accept a payment to look the other way instead of uninstalling the turbo and going through the hell of reinstalling the cats and other piping.
Lastly, here are a list of questions that I seek advice:
1.) Do I have any legal right to sue the police department or towing company for literally breaking and entering my car without my consent or presence? There are no visible signs and no notification form Costco saying they don't want those cars there and how can Costco possibly descriminate what kind of cars should be there. All I had to go on was what the cops told me saying that the actions they did was desirable by Costoc by what only seems to be in verbal form.
2.) Can anyone point me in the direction of a good lawyer?
3.) Has anyone gone through this at all? Please post you experience.
4.) Has anyone ever gone to a Smog Referee to get your car certified and are there any places that will 'look the other way' for some extra money to give me a certificate to take to court without me having to uninstall the aftermarket stuff and reinstall the stock stuff?
I left San Diego around 1 a.m. and had to drive about an hour 30 minutes but i was so tired that I couldnt think and I thought this is just a huge mess but now that I got some sleep, my course of action seems clear. If I have to play by the books, the turbo system has to come off and I have to go back to stock to get certified and then I go to court to prove I have fixed it and then I pay a fine and then I can drive my car again.
This situation has me so distraught, people, that I am actually thinking about selling the Z and going the same route as Rob209. Sell the Z, with or without the turbo and save-up for the new Skyline which has MORE power than my car yet everything is perfectly legal. This is how far I have been pushed now. I mean, lets say that I manage to cheta the system and retain the turbo but I get certified, I am still driving around in an illegal car that is completely vulnerable to getting ticketed again wheras in the new Skyline, all off that goodness is legal and I can slap the cops face with my **** if they give me crap.
Sorry for the rant but I feel lost and confused.
Please make any recommendations especially for lawyers and Smog Referee Stations that can 'help me out'.
Last night was literally the worst night of my life to date and I hope that last night is as bad as it ever gets for me.
My worst fears about venturing into turboland manifested into reality as I attended a car meet in San Diego last night. I parked with some other cars but was so hungry, my friend and I went to a restaraunt in the plaza about 50 yards away. As we were eating, I got a text message saying I need to stay inside the restaurant because San Diego P.D. has the placed blocked off and they are inspecting cars!!!!
To make a long sotyr short, they inspect most of the cars and haven't gotten to mine because I am not near it and the cops were told I was in the restaraunt. My plan is to play innocent but it doesn't work. After they tow away a few cars, two tow truck drivers start phucking with my car and actually open it without me being there, without my discretion and my alarm goes off. Me and my friend race over to see two cops already in the car checking things out and they pop the hood latch.
I start yelling at them asking them why are they braking and entering into my car yet they play it off as if they have a right becasue the Costco management gave them the autorhoty to do so because I guess the parking lot was a scene of burnout and other mayhem. There are no visible signs ANYWHERE saying 'No Loitering' or 'Private Property', 'Costco Parking Only' or times at which a car can be parked before being towed away.
The cop said that he had talked to the manager so everything i got was only hear-say.
After telling me this b.s. he tells me to open my hood which wa already unlatched and I do. He ends up giving me a ticket for the turbo system citing 'modified vehicle- must provide State Smog Referee Cert per 27156(G) VC'
In addition, my car has been put on a 'non-op' status and he told me that my car can only be driven to my home, work or place of repair and must remain there until the car has been fixed and certified.
If my car is pulled over beofre it has been certified, I can go to jail and the car will get impounded.
I am currently researching Referee Stations which happen to be private Smog Check companies to see if they can accept a payment to look the other way instead of uninstalling the turbo and going through the hell of reinstalling the cats and other piping.
Lastly, here are a list of questions that I seek advice:
1.) Do I have any legal right to sue the police department or towing company for literally breaking and entering my car without my consent or presence? There are no visible signs and no notification form Costco saying they don't want those cars there and how can Costco possibly descriminate what kind of cars should be there. All I had to go on was what the cops told me saying that the actions they did was desirable by Costoc by what only seems to be in verbal form.
2.) Can anyone point me in the direction of a good lawyer?
3.) Has anyone gone through this at all? Please post you experience.
4.) Has anyone ever gone to a Smog Referee to get your car certified and are there any places that will 'look the other way' for some extra money to give me a certificate to take to court without me having to uninstall the aftermarket stuff and reinstall the stock stuff?
I left San Diego around 1 a.m. and had to drive about an hour 30 minutes but i was so tired that I couldnt think and I thought this is just a huge mess but now that I got some sleep, my course of action seems clear. If I have to play by the books, the turbo system has to come off and I have to go back to stock to get certified and then I go to court to prove I have fixed it and then I pay a fine and then I can drive my car again.
This situation has me so distraught, people, that I am actually thinking about selling the Z and going the same route as Rob209. Sell the Z, with or without the turbo and save-up for the new Skyline which has MORE power than my car yet everything is perfectly legal. This is how far I have been pushed now. I mean, lets say that I manage to cheta the system and retain the turbo but I get certified, I am still driving around in an illegal car that is completely vulnerable to getting ticketed again wheras in the new Skyline, all off that goodness is legal and I can slap the cops face with my **** if they give me crap.
Sorry for the rant but I feel lost and confused.
Please make any recommendations especially for lawyers and Smog Referee Stations that can 'help me out'.
07-16-2006, 11:39 AM
#5
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I feel for you, but if last night was the "worse night of your life to date" just because of a car, you've had it really easy so far (not trying to be a dick about it or anything -- just trying to put things in perspective).
07-16-2006, 11:51 AM
#7
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If you live in Cali. and you know that they very, very tough on emissions laws, you must be prepared for incidents like this. Grant it, it was wrong what they did, but when installing that turbo kit did you not at some point think this might happen to you ever?
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07-16-2006, 11:53 AM
#8
Originally Posted by HighwaySpeed
The police and the tow truck driver/s broke the law and violated your rights! Get a lawyer.
Long story short. we now have signs up and if a car is left after normal hours we can have it towed away. however with no signs stating no parking after hours or no trespassing.... they cannot do jack **** to you.
This is Maryland, however, I doubt the laws differ that much from here to there when it comes to that.
GET A LAWYER!
07-16-2006, 01:32 PM
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Police (and ricers) must be all hyped up in Cali b/c of the new "Fast and Forgettable" movie.
Too bad you guys didn't have a lookout to spot the police earlier! This attached photo goes out to ALL you wonderful men and women police *****:
Too bad you guys didn't have a lookout to spot the police earlier! This attached photo goes out to ALL you wonderful men and women police *****:
07-16-2006, 03:03 PM
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Originally Posted by ZRider07
Yeah I don't think they can just do that. Talk to some legal people.
Anyone got any info on the Skyline's future pricing?
Anyone got any info on the Skyline's future pricing?
07-16-2006, 03:20 PM
#12
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Fact: If a police officer ask if he could do a search on your vehicle, you have the right to say 'no' under the 4th amendment unless he/she has a search warrant. If the officer insist on doing a search, ask for their badge number and cooporate peacefully, file a report. I would suggest that you get a lawyer.
07-16-2006, 03:38 PM
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Originally Posted by highside107
I feel for you, but if last night was the "worse night of your life to date" just because of a car, you've had it really easy so far (not trying to be a dick about it or anything -- just trying to put things in perspective).
07-16-2006, 04:40 PM
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if a cop searches your car without consent, warrant, or reasonable cause (they can see something illegal in the car without touching it) then whatever they find will not be able to be used in court... they got nothin on ya
07-16-2006, 04:56 PM
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Originally Posted by Strider619
Fact: If a police officer ask if he could do a search on your vehicle, you have the right to say 'no' under the 4th amendment unless he/she has a search warrant. If the officer insist on doing a search, ask for their badge number and cooporate peacefully, file a report. I would suggest that you get a lawyer.
If they ask to search you should say you are in a hurry and that you never consent to searches. If he insists you need to ask him (nicely) if you are free to go. Unless they have a reason (they can see something in open sight or smell drugs) they cannot search your car w/o placing you under arrest.
I have a feeling too many people consent w/o question police forget they don't have the right to go through your car.
07-16-2006, 05:27 PM
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That is exactly the reason I went for a CARB exempt supercharger. I live in soicalist state of California and yes,I will continue to live here because of job, family, and friends and have always lived here my whole life. I could've bought a APS TT but I decided I didn't want to deal with the hassles of driving a Cali ILLEGAL car. I'm sorry this has happened to you but it does remove any doubts for me of not getting a TT.
