Anyone know the ny laws for aftermarket exhaust systems? Whats legal? Whats not?

[96gstdsm]

OK well i got pulled over for making a "wide turn" (BS) last night, so they said wow i could hear your exhaust even with my windows closed. I have a pretty damn quiet exhaust, only catback. So obviously he loaded me up with numerous amounts of tickets. My question here is, is there actually any legal exhausts? What makes one illegal? He said mine is illegal cause he can here with his windows closed or something. I really want to fight it and beat this prick! I still have my stock cat and everything else bolted up. I live in orange county if anyone has had the same experience around here. I have the n1 style catbacks exhaust system from ebay. And like i said still have stock catalytic converter, and downpipe. Any help would be much appreciated!
--Ryan.

 

[StR8sPo0Ln]

Ok i looked it up for you and found this thread, http://www.laborlawtalk.com/showthread.php?t=164954 i dont know how much it will help you out, but atleast it will guide you to take the appropriate messures to help you out.

 

[96gstdsm]

Ok thanks that is some help, looks like i'll have to take it to get tested. Mine is not much louder than stock, so i hope it will stay under the required decibel range! No emissions where i am either so that i not a problem, especially since i have my cat still.

 

[Merkles]

how do you have no emissions in Ny?

 

[Sinner]

There are lost of companies that make a legal exhaust system but the ebay n1 style is not a legal system, there is a decible range that is allowed but nobody will actually test your car to see if it meets the standards they will just say it sound loud so here's a ticket. If you buy a legal system it will come with a card that shows its DOT approved and therefore legal the best advice I can give you is to just pay the ticket and hope you don't get one again.

 

[96gstdsm]

There are lost of companies that make a legal exhaust system but the ebay n1 style is not a legal system, there is a decible range that is allowed but nobody will actually test your car to see if it meets the standards they will just say it sound loud so here's a ticket. If you buy a legal system it will come with a card that shows its DOT approved and therefore legal the best advice I can give you is to just pay the ticket and hope you don't get one again.

So can't i take it somewhere to measure the decibels? If the cop did not test to measure the decibel level. I can't fight that and hope to win? What makes them illegal? It has to be either emissions, or sound level correct? He just looked at it and said it's not stock and gave me an inadequate muffler ticket. There must be a certain decibel level that is legal. If anyone knows please let me know. Thanks.

 

[96gstdsm]

how do u have no emissions in Ny?

In Orange County where i am there are no emission readings only a visual check to make sure there is a catalytic converter.

 

[Sinner]

If he gave you a ticket for an illegal exhaust system then there is nothing that you can do it would be the same as if you had no exhaust at all, the decible range would not matter in this case because your exhaust system is not DOT approved and therefore does not meet state emmissions even if your county does not do emissions testing.

 

[96gstdsm]

I think i will try to get my emissions tested and my decibel level checked just to see what it is and hopefully with the aid of a police officer i know get out of this ticket! Even if i spend a lot more money getting it checked out then paying the ticket i will be happy! That cop made me so angry that i will do everything to not pay it haha.
Anyone know how much those tickets usually run?
I was checking the laws a little bit, and it said it has to be tested with a decibel reader in order to show it is not legal or something like that. That cop just said it sounds loud and gave a ticket.

 

[Rice Over Wheat]

If he did not use a device to actually measure the decibal of your exhaust to verify it exceeds allowed limits BEFORE writing you your ticket, you will have the ticket thrown out in court if you choose to fight it.

I hired a lawyer to defend me from a weak streetracing charge (it's really vague in FL; I wasn't even breaking the speed limit when I dropped a gear on a civic driver I was talking to). At the same time he ticketed me for "modified muffler" based on it being "louder than stock". Considering 1/5 cars around here have a modified exhaust system and V8s muscle cars or harleys are louder than my car, I knew the charge was bunk. My lawyer had that thrown out because the dumbass cop didn't use a tool to measure the decibels at the scene.

Here's some high priced advice I'll pass along:

1. When pulled over, NEVER say anything to the cop other than follow his instructions. He will write down anything you say in his report as admission of guilt. If you fight tickets/charges in court, this will immensely help you beat the prosecution. Why? Because their ONLY witness is usually the cop.

2. If you are charged with "modified muffler" or similar loudness ticket, don't argue with the cop. He's hoping you're like most people who don't know the law, court procedures, or how to defend yourself. He figures you don't know that he must prove your exhaust exceeds legal limits with the proper device.

3. DO NOT try and defend yourself in court unless you are very familiar with the court system and processes, and terminology. That's what the state prosecutors love to see...most people don't get a lawyer and get raped because they don't know how to defend themselves. Hell, get a public defender or even a cheap $99 + court fees traffic court attorney if you have to!

4. Always plead "Not guilty". Contrary to what most people believe, this isn't about an actual admission of guilt. "Not guilty" is simply court talk for a request for time to defend yourself. Pleading guilty even if you think you may be, ends up in you giving the judge the chance to end the case right there. You will be convicted.

5. Traffic court prosecutors are usually recent young law school grads trying to built up experience. They typically get paid a small fee per case they prosecute, which may exceed 30 cases in a day, so they and the judge typically don't want to spend more than 5 minutes on you. They do not expect a fight, so if you come to defend yourself, depending on your record and the strength of evidence against you (just the cop as witness remember) it's fairly easy to cut a deal for reduced charge or dismiss the tickets/charges altogether. Remember, for a regular traffic infraction and/or civil misdemeanor the prosecution didn't stay up all night building their case against you...this isn't a tv legal drama! So if you come prepared with your lawyer, they're going to be unprepared and taken off guard.

6. Do not ask to postpone your court date no matter what. As defendent you have the right to the first such request, however remember that there is a 20% chance the cop (only witness) may not show up, especially if you were pulled over at night which means he probably works the graveyard shift and may skip your appearance altogether. Especially if your court date is right after a holiday weekend, etc. But once you postpone your court date you just gave the prosecution a right to request that the judge postpone if desired out of fairness -- so if the cop couldn't make the new court date, oops! The prosecution will ask for more time so he can show up next time.

But anyway, YES YOU CAN BEAT THAT CHARGE. Modified muffler is a bunk ticket unless he measured the decibals at the scene!

 

[96gstdsm]

If he did not use a device to actually measure the decibal of your exhaust to verify it exceeds allowed limits BEFORE writing you your ticket, you will have the ticket thrown out in court if you choose to fight it.

I hired a lawyer to defend me from a weak streetracing charge (it's really vague in FL; I wasn't even breaking the speed limit when I dropped a gear on a civic driver I was talking to). At the same time he ticketed me for "modified muffler" based on it being "louder than stock". Considering 1/5 cars around here have a modified exhaust system and V8s muscle cars or harleys are louder than my car, I knew the charge was bunk. My lawyer had that thrown out because the dumbass cop didn't use a tool to measure the decibels at the scene.

Here's some high priced advice I'll pass along:

1. When pulled over, NEVER say anything to the cop other than follow his instructions. He will write down anything you say in his report as admission of guilt. If you fight tickets/charges in court, this will immensely help you beat the prosecution. Why? Because their ONLY witness is usually the cop.

2. If you are charged with "modified muffler" or similar loudness ticket, don't argue with the cop. He's hoping you're like most people who don't know the law, court procedures, or how to defend yourself. He figures you don't know that he must prove your exhaust exceeds legal limits with the proper device.

3. DO NOT try and defend yourself in court unless you are very familiar with the court system and processes, and terminology. That's what the state prosecutors love to see...most people don't get a lawyer and get raped because they don't know how to defend themselves. Hell, get a public defender or even a cheap $99 + court fees traffic court attorney if you have to!

4. Always plead "Not guilty". Contrary to what most people believe, this isn't about an actual admission of guilt. "Not guilty" is simply court talk for a request for time to defend yourself. Pleading guilty even if you think you may be, ends up in you giving the judge the chance to end the case right there. You will be convicted.

5. Traffic court prosecutors are usually recent young law school grads trying to built up experience. They typically get paid a small fee per case they prosecute, which may exceed 30 cases in a day, so they and the judge typically don't want to spend more than 5 minutes on you. They do not expect a fight, so if you come to defend yourself, depending on your record and the strength of evidence against you (just the cop as witness remember) it's fairly easy to cut a deal for reduced charge or dismiss the tickets/charges altogether. Remember, for a regular traffic infraction and/or civil misdemeanor the prosecution didn't stay up all night building their case against you...this isn't a tv legal drama! So if you come prepared with your lawyer, they're going to be unprepared and taken off guard.

6. Do not ask to postpone your court date no matter what. As defendent you have the right to the first such request, however remember that there is a 20% chance the cop (only witness) may not show up, especially if you were pulled over at night which means he probably works the graveyard shift and may skip your appearance altogether. Especially if your court date is right after a holiday weekend, etc. But once you postpone your court date you just gave the prosecution a right to request that the judge postpone if desired out of fairness -- so if the cop couldn't make the new court date, oops! The prosecution will ask for more time so he can show up next time.

But anyway, YES YOU CAN BEAT THAT CHARGE. Modified muffler is a bunk ticket unless he measured the decibals at the scene!

Ok thanks alot for that info, that is what i was assuming the deal is. He did not use anything to check my exhaust, he just said he could hear it with his windows up so it is not legal. I will definately fight this ticket, the other ones i guess i will have to pay, the inspection, and the failure to update address one, those should i claim not guilty also? IS there anything that can be reduced with those? Or should i just pay the fine for them?

 

[Gleason]

NY is very lame

pretty much any modification to the exhaust system is considered illegal.


There is a law that basically says "you cannont have an exhaust system that is louder than the exhaust that came from the factory" and then another law somewhere else that states any modification renders it illegal.

I then confirmed it while pulled over one night with another cop. He said "any modification is illegal"
I then asked the 2 cops , "since NY uses so much salt for our winters, my stock system rusted off and its hard finding AWD parts. ( ) Does that mean all cars that get monroe muffler exhaust systems etc are also illegal?"

he replied "yes, when doing exhaust modifications just try and keep it as quiet as possible to avoid drawing attention, dont do illegal stuff and you should be fine"

 

[Rice Over Wheat]

Ok thanks alot for that info, that is what i was assuming the deal is. He did not use anything to check my exhaust, he just said he could hear it with his windows up so it is not legal. I will definately fight this ticket, the other ones i guess i will have to pay, the inspection, and the failure to update address one, those should i claim not guilty also? IS there anything that can be reduced with those? Or should i just pay the fine for them?

The tickets for address and things like that are usually just a matter of correcting the paperwork, showing proof to clerk of court, and paying a small fine. Unless you just couldn't prove it was correct at the scene, you should just pay it. I don't know about NY but I doubt there are points involved for that.

I was ticketed for no proof of insurance before. I was covered of course, I just forgot to put my new policy in my wallet. That was just a matter of showing proof to the clerk of court. No fine at all.

You want to pick your battles, but the best thing to do is never argue with the cop or chat with him. When he comes over and tries to act cool with you or crack jokes, he's looking for you to say something that is an admission of guilt. Just give him the stuff he wants from you and don't say anything unnecessary next time. And if you have a radar detector, hide it under your seat before he comes to the window -- assuming you have tinted windows of course.

 

[96gstdsm]

The tickets for address and things like that are usually just a matter of correcting the paperwork, showing proof to clerk of court, and paying a small fine. Unless you just couldn't prove it was correct at the scene, you should just pay it. I don't know about NY but I doubt there are points involved for that.

I was ticketed for no proof of insurance before. I was covered of course, I just forgot to put my new policy in my wallet. That was just a matter of showing proof to the clerk of court. No fine at all.

You want to pick your battles, but the best thing to do is never argue with the cop or chat with him. When he comes over and tries to act cool with you or crack jokes, he's looking for you to say something that is an admission of guilt. Just give him the stuff he wants from you and don't say anything unnecessary next time. And if you have a radar detector, hide it under your seat before he comes to the window -- assuming you have tinted windows of course.

Yeah i hid my radar detector, don't know if he saw me do that or not but i hid it. No tinted windows but it was at like 2 in the morning so don't think they could see in at that point.
For fighting the exhaust ticket, do the court appointed lawyers charge anything or they are free right? Cause i don't really want to pay more for a lawyer than the ticket itself would be, and i really want to beat that ticket!

 

[96gstdsm]

I just got off the phone with the dmv, don't know if they are correct or not, but they told me that the state law says if it is louder than stock than it is illegal. But without measuring it they don't have any proof it is louder. I don't know if that will work in court but i would think that they would need to have proved it is louder than stock before giving a ticket for it.

 

[Rice Over Wheat]

Cop didn't measure the decibels with a device then how does he know it is illegal? Even a public defender can pick that apart. I don't know if you can get one free for just a ticket, as you weren't charged with a misdemeanor. Like I said, cops and prosecuters don't expect you to fight the ticket like most people so if you plead guilty they don't have to prover they were right. But this is probably only over $75 or so fine, so you have to think if it's worth your time. In florida they can't force you to get a new exhaust, they can only ticket you again.

 

[nycxjoey]

I got a ticket for my exhaust on my mr2 before.I didn't bother fighting it because it cost me more to take off than to just paid the tickets.(which was $95 i believe.)Cause if u want to fight it,U won't be doing it on the same day.They will give u a another date which can be 2 months to 4 months later.My friend told me the day after when I told him what happen.U can send in a receipt stating that u change your change your exhaust if u have a friend that owns a ship and put not guilty.They will dismiss it.Or u can find a friend with the same color car as your( with a stock exhaust) Just switch plates and take pictures with the stock exhaust.And tell them that this is a factory exhaust. Hope that helps