Speeding Ticket turns into 4 tickets PLEASE HELP!!!

[hollywood_ikr]

I got caught going 49 on a 30. The cop pulls me over a couple of blocks later at the stop light and gives me FOUR citations.

One for the the speeding.

The second for my AZ Drivers license since I am visiting my parents in TX.

The third for having the car registered in California. I purchased the car 2 weeks ago in Orange County and they had an electronic title for it. So the DMV said the physical title must be mailed to the current owner which takes 4-6 weeks then he must mail it to me to register the car in my state. Keep in mind I only purchased the car 2 weeks ago!

The last citation was outrageous he cited me for having a "modified muffler". is that???!!! I have the HKS Carbon Ti Cat Back Exhaust


I don't feel those citations are justified. Fellow DSMers please help me fight this I feel really taken advantage of!!!! Any help is appreciated.

pic of exhaust...

http://i21.photobucket.com/albums/b291/blacklabelonline/000_0916.jpg

 

[Matt4g63]

Well the law is that you cant modify any part of the exhaust system at all. Anything other than factory is considered illegal.

 

[hollywood_ikr]

Well the law is that you cant modify any part of the exhaust system at all. Anything other than factory is considered illegal.

If that is true then why does HKS say that all their exhausts are streets legal? Their web site even goes on to say:

"Each system is individually designed for a specific application and complies with the requirements of Sections 27150, 27151 & 27200 of the California Vehicle Code; and Title 13 of the California code of Regulations, Section 10361, which establishes a noise limit of 95dB(A) for passenger cars. This statement applies to unmodified HKS exhaust systems that are less than 13 months old, are in good condition and which have been properly installed on the specific vehicle for which it was designed."

 

[steve]

Weren't you in Texas when you got these tickets? California Law doesn't mean squat in Texas.
Go look what Texas law is.

 

[RedTurboEclipse]

If that is true then why does HKS say that all their exhausts are streets legal?

So people buy it of course.

 

[19gale2gGST]

I am not going to say TX law doesnt matter in TX however when it comes to emmissions CA is considered one of the strictest. If a manufactuer makes a product legal for CA it tends to be accepted elsewhere.
As for the exhaust an aftermarket exhaust doesnt make it a modified exhaust. To be modified it most have something altered on it after it was bought from the manufactuer.
For the speeding your screwed unless you have an excellent lawyer. Even your probably still screwed.
As for the license I am not sure what TX law is on how long you are there before you have to get a license, most states are between 15 to 30 days. If you go to court and have proof of your residency in AZ than the judge should drop that.
As for the registration that on is a little wierd but vehicle registration normally goes right along with the drivers license.
Out of curiosity are you military? If so the can shove the license and registration up their asteriks.
If you can get them to drop the reg and the license then chances are good if you show that the vehicle is legal for the state registered in they will have to drop the bogus modded muffler charge.


And to the comment about anything other than factory is illegal. Not true. There are vehicles where you are not going to get a factory exhaust and have no choice but to go with a magnaflow or flowmaster or something along those lines. That is a comment the smog instructor said while teaching my AE class and than recanted stating that they cant say that because of discounted products, and many other variables. If a state has that law than they better not have any car that is over 40 years old with alot of miles, and they better not have anything from the 20-30's on the road ### I guarentee they dont have a factory (OEM) exhaust. Not trying to flame but I have to state what I know.

 

[phatTSi]

In my experiences Texas is pretty strict on the out of state license. I was in Austin visiting some friends and went to the grocery store to buy some beer. I go grab a case and proceed to the check out, I put the case on the conveyor and wait for her to ask for id. I hand her my id as soon as she asks, she tells me that they don't accept out of state id's. Mind you I'm 22 and have to call my friend to come so he can finish the transaction. Even after telling the check out lady that I was only there for a week while on spring break she still wouldn't take my license.

As for the exhaust being legal in California, don't you have to have the CARB sticker for it to be legal. I'm not from California so I could be wrong on that but I'm pretty sure. The registration is kind of an odd thing to me, maybe have the previous owner send/fax you a bill of sale? The speeding ticket, just man up and pay it. If you were speeding why try and weasel your way out of it.

 

[Black95awd]

As for the exhaust an aftermarket exhaust doesnt make it a modified exhaust.

ummmm.... not OEM = modified................

 

[Defiant]

Give us the actual code sections you were written for so we have something to look up.

The speed you're dicked on. The paperwork should be sign-off with proof. So far as I know, "modified" exhausts are illegal in all fifty states; "modified" could even include what color it's painted. Take what proof you can find with you to the judge and see if he'll make you get a noise test.

 

[Xit40]

As Defiant stated above it would be greatly helpful if you included the sections and sub-sections of Vehicle and Traffic Law that you violated (It will be listed on the tickets). That way someone can research your problem and give you real answers.

One problem is your going to have to show up for your court date in TX. Dress well, suits are nice if you have them and it makes you look serious and professional. Bring all documentation you can find with you stating where and when you bought the car, the electronic title situation, your living situation in AZ, etc. The more proof you can show the better off you are going to be.

State your case. DO NOT LIE, but don't admit guilt. Be completely honest if the judge senses your blowing smoke at him he will crucify you. Tell the judge your story and then ask him something like "what can be done in the interest of justice to resolve the situation to everyone's benefit." Unfortunately this means you will end up pleading guilty to something usually (in NY where I live) this means a lesser and included offense like failure to obey a traffic control device (i.e. the speed limit sign). Courts don't have time to take everything to trial and this will motivate them to drop most of the charges with an agreement that you plead guilty to something.

I have done this for myself and others here in NY and it works well as long as you don't have a long traffic record or tons of points on your driving record from previous offenses.

 

[neeland]

Ok first off did you get an attitude with the cop? This is the most important part of it. I have family that are cops, alot of my friends are cops. You usually dont start getting tickets hand over fist unless you smarted off or tried to complain about something. Then they will start checking tire tread and everything they can get you on. An i can just see the stereo typical Texas cop now with the cowboy hat and the chrome aviator sunglass . Im just saying in a state where you can openly display a gun in your vehicle and no open container law you sure did get it rough for just sitting there and saying "yes sir, no sir, and thank you sir" Now you just have to hope that this wasnt a small town in Texas and the good ole boy system is going to prevail. If so you would have a better chance proven that you were actually a living human being then proving to that judge one of his friends is wrong. I hope everything gets cleared up and i would really like to hear more about how the conversation went while you were getting this ticket.

 

[hollywood_ikr]

Thanks to all for your help I feel much more confident now about this situation. I also heard that if I go to the DA's office they can dismiss some tickets there.

As far as the "code" I don't have it on me but I'll post it asap so you all can see exactly what I was cited for.

To top it off I had a really pleasant attitude and tone when I got the citation. This is not the first time a cop in TX has tried to fill his quota with me. It also won't be the first time I get evidence in my favor and make the cop look a fool : )

 

[mike_tsi]

What I've heard around here in albuquerque New Mexico. About the modified exhuast when you get caught for. People have just taken a picture of a stock exhuast on the vehicle and show it to the judge. They actually got let off from that.

 

[fallenangel]

Did you explain that you had just bought the car 2 weeks ago to the cop? Then again, most cops (at least here in Miami, FL) really don't care what your story is and will give you a ticket for looking the wrong way. I remember getting two tickets for window tints with only a day apart!!!! I had just bought the car that same week and the previous owner had some 20% tints on the car which seem to have aged out. The first ticket was in broward county in which the cop was following me around for a good 5 blocks until he stopped me. I guess he thought it was some street racer kid with a whole mess of his buddies smoking weed and drinking in the back because as soon as opened my door (power window motor didn't work) he looked inside and asked me "how many people are in this car?" I said it was only my bf and I and then proceeded to ask if there was a reason why he stopped me so he says that one of my back lights are out (which turned out to be a total lie) and that now he sees my tints are way too dark. My second ticket was the next day coming out of work in dade county. This time I had left my last day's ticket at home so when I explained I had already gotten a ticket for the same reason and that I have 15 days to be in full compliance and pay the ticket, he said that if I didn't have the ticket then he would issue one. So I told him run my plate and it'll come up, so he said "NO" and gave me the ticket! If only I had seen that it was the beginning of hell with my dsm....

 

[TSi16GAWD]

I'm in Texas Law enforcement, and 3 violations can be thrown out asap. First thing is, the out of state dl...if you are visiting less than 30 days, you are NOT required by law to have a texas dl. Secondly, if the car is current in california, then you are NOT required to register it in the state of texas until after 30 days. And finally, the muffler issue. If he did NOT test it with a decible device, you can have that thrown out. Unless it was a city ordinance, which it could very well be. Pm me if you have any further questions.

 

[hollywood_ikr]

I thank you for the accurate answer. Through all of my research I have found that you are entirely correct. As far as the muffler I had no idea about that stipulation I will do some further digging.

thanks again

One more thing... As to the codes for the violations. There were none written down on my citation. only the names which I specified earlier. Shouldn't he be requied to write what the actual code is for what I am being cited for? Couldn't I say that it hindered my ability to provide an adequate dfense for myself?