Question for people with exhausts in VA

MattUnderwood · 10-27-2009, 07:07 PM

I got a ticket a few weeks ago for having a "illegal exhaust" and I was wondering if anyone on here has ever been able to fight it and win. The cop didn't say anything about noise, he just told me that he pulled me over for my aftermarket exhaust. I have a thermal cat back exhaust and a cat. This is the law: Virginia Code 46.2-1047 - Muffler cutout, etc., illegal - Virginia Virginia Code 46.2-1047 - Muffler cutout, etc., illegal - Virginia Code :: Justia . I'm going Thursday to an exhaust shop and getting them to look at it and hopefully say that its not straight piped or have an altered muffler without the baffle plates but I don't know yet. So has anyone on here ever fought the ticket and won without having to change their exhaust. Or if anyone has advice please let me know. Thanks

Also I live near Harrisonburg if that helps any. I know it varies from town to town about the law.

scotyu · 10-27-2009, 07:15 PM

Not from VA and have never fought an exhaust ticket, but one thing I can say is that it's up to the judge on the interpretation of that law. You best chance is to find information about the inside workings of the exhaust, how many resinators are on it( which mine came with them, did yours?), take some pictures, and be sure to keep the silencer in it when you take the pics at least if you don't keep it in there now.

On tips not getting pulled over again: add a resinator just before the muffler is said to help on noise quite a bit, and paint the muffler black. You could even get one that looks factory too and flows well also. Good luck on your fight against "the man" lol...

MattUnderwood · 10-27-2009, 08:10 PM

Quote:

Originally Posted by scotyu

Not from VA and have never fought an exhaust ticket, but one thing I can say is that it's up to the judge on the interpretation of that law. You best chance is to find information about the inside workings of the exhaust, how many resinators are on it( which mine came with them, did yours?), take some pictures, and be sure to keep the silencer in it when you take the pics at least if you don't keep it in there now.

On tips not getting pulled over again: add a resinator just before the muffler is said to help on noise quite a bit, and paint the muffler black. You could even get one that looks factory too and flows well also. Good luck on your fight against "the man" lol...

I contacted Thermal via email to see if they can give me any information about it. and they didn't come with a silencer. I'm going to an exhaust shop and get them to look at it to see if they will say it isn't straight piped or it isn't gutted. I really want to paint it black but I haven't got around to it. Looks like thats my next step.

evood69 · 10-27-2009, 09:09 PM

Dont even try to fight it, the smartest thing to do is if you have the option just pay the ticket without going to court. I live in Roanoke Virginia and back when I was in highschool I had an Integra gsr, with a cat-back system. I went to court and even took pictures proving I had taken it off, and they still slapped me with the fine. It may be different for you but in my opinion and past experience its a waste of time. I tried asking them why it would pass inspetion if it was illegal, and the judge told me the only thing they look for is leaks and or holes. I also asked why they sold this type of thing in Virginia and he told me it was a risk putting it on. Best of luck to you in this bullshit of a ticket.

MattUnderwood · 10-27-2009, 09:19 PM

Quote:

Originally Posted by evood69

Dont even try to fight it, the smartest thing to do is if you have the option just pay the ticket without going to court. I live in Roanoke Virginia and back when I was in highschool I had an Integra gsr, with a cat-back system. I went to court and even took pictures proving I had taken it off, and they still slapped me with the fine. It may be different for you but in my opinion and past experience its a waste of time. I tried asking them why it would pass inspetion if it was illegal, and the judge told me the only thing they look for is leaks and or holes. I also asked why they sold this type of thing in Virginia and he told me it was a risk putting it on. Best of luck to you in this bullshit of a ticket.

It is a bullshit ticket which makes me so mad. Especially since the cop was waiting near his house when I was leaving a buddies house. I found out later the cop lived in the same sub division, and when he saw my car he instantly snapped his neck and only stared at me. If I get a shop to say its not gutted or straight piped then I will go to court and try to fight it, even if I loose. My buddy told me that he printed off the paper online and had it highlighted where the law states the exhaust part(different ticket but close to the same) and the judge let him off. If the cop said anything about noise or gave me a noise violation I'd fight it too, but either way I'm trying not to have points on my record. Now if you get an exhaust ticket it goes on your driving record I've heard from many people. Even though its not a moving violation. Worst state ever!

evood69 · 10-27-2009, 09:52 PM

Lol yeah it is bullshit, with me I was under 18 so even if I got points it doesnt matter now. I know around where I live they love to harass the younger looking kids id say 16-24. The cop that pulled me over was notorious for bullshit like this. Wish you the best of luck! Yes VA does have some ridiculous laws.

nytescion · 11-02-2009, 04:59 PM

The law says that it can't be altered. As in from it's stock form. I just got a ticket for my Scion Tc which is only an axle-back. Much quieter than my Eclipse. I got pulled on the highway by a statie. Went to court and got crushed by the judge. Apparently anything other than stock is Illegal. I started to ask then why don't these domestics get tickets like us 4bangers instead of head nods of approval. But i didn't want to push the judges buttons.

HighPSI TSi Guy · 11-02-2009, 07:05 PM

Quote:

No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment. An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make.

The term "exhaust system," as used in this section, means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.

Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section

Can't be altered to be louder than stock. I already have a speech prepared for my next exhaust ticket I go to court for. Should be interesting to see if the court system will go by the book and drop the charge or if they will ignore me and call me guilty despite proven defense.

Matt, the ticket you got is actually easier to fight due to the section they cited. The one I usually see is the section I quoted above.

Boost4U · 11-03-2009, 10:49 PM

Va is the tant of America.

WHite97RS · 11-18-2009, 07:23 AM

ive gotten both types of tickets numerous times and just sucked it up and paid them, no point in fighting it IMO. I had the Thermal Catback with 2 resonators and a cat. Got pulled over this last time because he said it didnt look factory not due to noise. So now i have a dual tip magnaflow that looks factory and isnt that loud......see how this works out. I have gotten about 7 or 8 exhaust tickets, over the course of 5 years.

Pj97GST · 11-18-2009, 04:47 PM

I concur with the above posts. Just suck it up and pay the ticket. It's small change and doesn't appear on your record.
I also concur that the laws here in the People's Socialist Commonwealth of the Imperial Kingdom of Virginia are among the worst in the land when it comes to the import aftermarket. Even while living out in California, I found the laws to be more lax than this place. It is all about interpretation from the judge.

I've gotten more than my fair share of tickets as well with my Thermal, even after showing the presiding judges sufficient proof of 50 state and emissions/CARB legality. Oh yeah, we're not in a state. We're in a f**king commonwealth...

HighPSI TSi Guy · 11-18-2009, 06:12 PM

Quote:

Originally Posted by Pj97GST

I concur with the above posts. Just suck it up and pay the ticket. It's small change and doesn't appear on your record.
I also concur that the laws here in the People's Socialist Commonwealth of the Imperial Kingdom of Virginia are among the worst in the land when it comes to the import aftermarket. Even while living out in California, I found the laws to be more lax than this place. It is all about interpretation from the judge.

I've gotten more than my fair share of tickets as well with my Thermal, even after showing the presiding judges sufficient proof of 50 state and emissions/CARB legality. Oh yeah, we're not in a state. We're in a f**king commonwealth...

They DO show up on your record. The idiot cops always pull me over in any vehicle i'm driving because it's on my record that I got an exhaust ticket in 2004. Most are too stupid to understand that I've owned 9 Talons and that the one I'm currently driving is not the one I got the ticket in.

GSTTOBEAT · 11-26-2009, 08:44 AM

Vibrant sales a universal muffler that is all black. Looks as factory as you can get. I put one on my GST after cutting the Tanabae muffler off and role past the cops hitting louder then normal exhaust notes and all they do is look. I have not been pulled over since the change.

Denji · 12-01-2009, 09:37 PM

I've had over 5 of these tickets. They can give you an illegal exhaust ticket if the muffler is not stock, doesn't matter the noise. Of course, they usually wont pull you over unless its noisy.

I have gotten out of them consistently. You have to "purchase" a stock exhaust and bring a receipt along with a picture.

I simply made a payment to a friend for a "1996 stock Eagle Talon catback exhaust" on paypal printed the receipt and brought a picture of my car with its stock exhaust on and they dropped the charge.

Fast66691GSX · 12-03-2009, 11:13 PM

Do you guys think i would have alot of issues with this magnaflow setup?

Denji · 12-03-2009, 11:54 PM

This is my exhaust. Its been on my car for 4 1/2 years now and I've been pulled over ONE time. The cop didn't even give me a ticket. As long as your not getting on it you'll probably be okay since it looks more stock than say a fart can. All the tickets I got was in my old eclipse with a fart can.

MattUnderwood · 12-04-2009, 09:43 AM

I had to just bite the bullet and pay the ticket because I had a test in my programming course that day of the court. Now I got a speeding ticket and I can't even go to that court date because of finals. I swear VA cops are trying to get me at the worst time possible.

9!'clipseDOHC · 12-04-2009, 10:40 AM

I used to live in Virginia and had a similar experience. The cop, a state trooper, was at his house and heard me drive by. He jumped in has car and puller me over. The ticket I got was improper exhaust. My advise would always be to pay it. It doesn't go on your record or give you points like a speeding ticket would.

HighPSI TSi Guy · 12-04-2009, 02:49 PM

Quote:

Originally Posted by 9!'clipseDOHC

I used to live in Virginia and had a similar experience. The cop, a state trooper, was at his house and heard me drive by. He jumped in has car and puller me over. The ticket I got was improper exhaust. My advise would always be to pay it. It doesn't go on your record or give you points like a speeding ticket would.

IT DOES GO ON YOUR RECORD!

I paid an exhaust ticket once back in 2003 and it has haunted me ever since. It is mentioned EVERY time I get pulled over. It does not matter what I am driving I get accused of exhaust modification because I was once found guilty (prepay = guilty) of improper exhaust. Once you pay the fine the first time, you're opening the floodgates and giving them the OK to keep ticketing you. Beat them in court repeatedly and it stops. I have won 7+ traffic court appearances. You just have to be properly prepared and know how to work the system. The system is set up to #### you so you have to manipulate and play the system to get a fair fight. ALWAYS get a continuance, that is step 1. Step 2 is wear a suit with tie and have a prepared statement in proper English citing the code broken and explaining the logic which proves you innocent based on the wordage of the state code.

9!'clipseDOHC · 12-04-2009, 03:40 PM

Well I paid my ticket for "Improper exhaust" and it has never showed up on my record. I know there are several different charges they can use. I was also told by a cop in VA that "improper exhaust" doesn't add points like a speeding ticket.

HighPSI TSi Guy · 12-04-2009, 07:26 PM

Quote:

Originally Posted by 9!'clipseDOHC

Well I paid my ticket for "Improper exhaust" and it has never showed up on my record. I know there are several different charges they can use. I was also told by a cop in VA that "improper exhaust" doesn't add points like a speeding ticket.

That is insurance record not driving record. if you go to DMV and request copy of record it'll show. You have to pay $10 i think for the "official" copy.

Also you'd be surprised what shows up on the computers when they run your tag/name in the squad car. Make friends with an officer and have him look you up one day. you might be freaked by what they know, or in some cases, what they think they know but is totally wrong, that they have highlited on your profile when your name is ran. They get way more than your driving record on that little screen.

9!'clipseDOHC · 12-05-2009, 06:09 AM

Check out the The Virginia DMV Demerit point website. This will explain everything. The points are for your DMV driving record. There are also points that your insurance can use.

Here is a quote from the DMV: "Your insurance company may also assign points on your insurance record; however, DMV demerit points are not related to insurance company points. Insurance company points are developed by individual companies."

Look at all the offenses that get points added to your driving record, non are for improper exhaust.

nytescion · 12-05-2009, 08:27 AM

Quote:

Originally Posted by 9!'clipseDOHC

Check out the The Virginia DMV Demerit point website. This will explain everything. The points are for your DMV driving record. There are also points that your insurance can use.

Here is a quote from the DMV: "Your insurance company may also assign points on your insurance record; however, DMV demerit points are not related to insurance company points. Insurance company points are developed by individual companies."

Look at all the offenses that get points added to your driving record, non are for improper exhaust.

I believe exhaust is a 1point violation.

Fast66691GSX · 12-05-2009, 08:41 AM

After i get the car running i think im just going to see about getting a dual tip from magnaflow,make it look a little more stockish

HighPSI TSi Guy · 12-05-2009, 09:42 AM

Quote:

Originally Posted by 9!'clipseDOHC

Check out the The Virginia DMV Demerit point website. This will explain everything. The points are for your DMV driving record. There are also points that your insurance can use.

Here is a quote from the DMV: "Your insurance company may also assign points on your insurance record; however, DMV demerit points are not related to insurance company points. Insurance company points are developed by individual companies."

Look at all the offenses that get points added to your driving record, non are for improper exhaust.

It is a zero point violation and DOES appear on your record.

Denji · 12-05-2009, 08:48 PM

Quote:

Originally Posted by HighPSI TSi Guy

It is a zero point violation and DOES appear on your record.

This is true.

I've never been concerned with a "floodgate". If you don't want to fight it pay the ticket, I would. I would not be concerned with future situations where your tag may be ran. I usually fight them because I don't want to pay the ticket and I never try to get all lawyer like and arguing law wording. For one, I think I once looked up the law and it states that any exhaust that is not stock is technically illegal. It doesn't have to be louder or anything. Furthermore, its easier to just make it look like you fixed it.

HighPSI TSi Guy · 12-06-2009, 02:45 AM

Quote:

Originally Posted by Denji

This is true.

I've never been concerned with a "floodgate". If you don't want to fight it pay the ticket, I would. I would not be concerned with future situations where your tag may be ran. I usually fight them because I don't want to pay the ticket and I never try to get all lawyer like and arguing law wording. For one, I think I once looked up the law and it states that any exhaust that is not stock is technically illegal. It doesn't have to be louder or anything. Furthermore, its easier to just make it look like you fixed it.

I have been pulled over while driving vehicles with an OEM exhaust and been accused of the exhaust being illegal, and the officer's reasoning for assumption was that when they ran my tags an exhaust ticket had come up on my record so they assumed I must have an illegal exhaust. They of course are too stupid to realize it was a different vehicle. They usually make up some other bullshit excuse for the stop when they realize their mistake, however I did get a ticket for an OEM exhaust from a state trooper once. When I informed him the vehicle was stock he called me a liar and ticketed me anyways. I did win that in court of course, but it's just an example of how your record affects you.

All you have to do is confuse the judge and outsmart the officer in court to the point where they are no longer comfortable assuming you're guilty, since traffic court is guilty by default. It's not too difficult, since usually they are all completely ignorant of mechanics and electronics. Techno babble and big words gets em every time.

Denji · 12-09-2009, 08:23 PM

Quote:

Originally Posted by HighPSI TSi Guy

I have been pulled over while driving vehicles with an OEM exhaust and been accused of the exhaust being illegal, and the officer's reasoning for assumption was that when they ran my tags an exhaust ticket had come up on my record so they assumed I must have an illegal exhaust.

That my friend is crazy...

Fast66691GSX · 12-09-2009, 09:57 PM

Do any of you guys think you get harassed alot because your driving a import compact car? I have a lt1 caprice with no cats, dynomax mufflers,cammed and drive around (atleast in Richmond) perfectly fine. Even drove 2 days with turndowns after headers while waiting for exhaust

HighPSI TSi Guy · 12-10-2009, 02:41 AM

Quote:

Originally Posted by Fast66691GSX

Do any of you guys think you get harassed alot because your driving a import compact car? I have a lt1 caprice with no cats, dynomax mufflers,cammed and drive around (atleast in Richmond) perfectly fine. Even drove 2 days with turndowns after headers while waiting for exhaust

You are correct. I hang out with a lot of muscle car guys. I'm the only one that ever gets pulled over. In fact, one of the times I got pulled over for my exhaust, I was sitting at a light next to a buddy who was running his camaro open header. I couldn't even hear my own car, no way the cop heard it. While riding with them we'v been pulled over before many times just because the cops want to check the car out and compliment how it sounds.