Sometimes I just think the cops are unjust, not to disrespect them, I have all the respect to those officers that keep the community nice and safe, but just sometimes some cops are unreasonable.

So the story began as I was driving back to school from home last night around 9pm. I drove by a police car, and it started following me. I was not scared because I knew I didn't do anything wrong. I was driving under the speed limit and was not doing anything crazy. However, the cop followed me for a good 3 or 4 minutes and then his lights started blinking. I pulled over to a parking lot to stay out of the street and traffic. He approached me with standard proceudre, getting my license and stuff, and then he asked if I knew why I was pulled over. Obviously, I did not because I believe I had done nothing wrong. And he said he pulled me over for my modified exhaust. I was confused because even though my exhaust is aftermarket (HKS Hi-Power), it still is street legal, and he did not pull me over for smog or noise. I responded saying I have cat on and....He cut me off saying "All modified exhausts are illegal." (Exact quote). And as I was about to say something, he cut me off again saying, "If you want to argue, I will give you a citation," and then he walked away and ignored me for whatever I had to say after that.

In the end, he gave me an "appear to court" citation with charges of "No front license plate" and "Modified exhaust."

Here comes my questions:
1. I am sure my exhaust is street legal, even though the HKS website may not be the most correct source, it states "All HKS exhaust systems are engineered to comply with the 95dB noise limit law specified by the California Highway Patrol and the Society of Automotive Engineers - Except ones that are designated for Off-Road Use only." So, my exhaust is street legal, right??
2. By this ticket, what actions should I take to fight it?
3. I know there are fellow members that are police officers on this forum (Wacky?), can somebody tell me if this cop was doing his job or just being an ***?

BTW, I have a '93 FD, and this event happened in Alhambra, CA.

Thank you for reading my long post/rant. I just had a really bad day...(more stuff happened than just getting pulled ove). I'd appreciate for any help.

- Will

 

Officers in Alhambra have to put up with a **** load of ricers... it's just the area, lots of young asians with money.

I got pulled over for something similar. I told the officer that the exhaust was legal, but I didn't have the CARB OE sticker with me. I had all the correct paperwork for all the other stuff under the hood. I still got the citation and decided to do a trial by written declaration. I explained what happened and sent the court a copy of what HKS has on their website. I also had the citation signed by an officer. The only thing iffy is that according to the paperwork, the court was supposed to send me a decision. It's been over a month now and still no response.

 

1) make sure you have a front license plate
2) bring proof that your exhuast is one of the street legal ones

or deal with it and pay the fine...

 

you should have made 4 rights, if he pulls you over after the 4rth turn, thats is considered harrassment, since u just went in a circle. go to court and say u fixed the plate, and tell him the cop did not test the decible reading of the exhaust. the most recent amendment of that muffler law states that a car may have a modified exhaust as long as the noise level does not exceed 95db. and cops arent trained on how to use one, or even carry a db tester. dont be a dick about it but say its under the 95db threshold. i actually had a cop go look in his book and said " you know ur laws, but u still get a ticket for the burnt out license plate light" . so ya, word for the wise, and if he gives u the ticket, fight it

 

1. Fix the plate the write off is really cheap.
2. Get your exhaust reffed.

^2 things cops won't be able to hassle you for if you have paper work and have your front plate.

 

I hear you bro, but you know what, I still say what i've said for years.
F*** the cops because while individually a good portion of them do have good intentions, it doesn't matter which one it is, they're still swearing to serve a system that's based on B.S.

So whenever I get pulled, I'm as big of a dick as I can be, I screw with them as much as I can, and i'm a total smartass because I know my laws, but this of course is only if I wasn't doing anything wrong and if I don't have any illegal substances on me, which I usually do.

LEGALIZE IT!

 

Go to your nearest referee station to have your exhaust system tested for noise. You'll get a receipt saying your exhaust is perfectly legal and you'll also get a sticker put on the back of your ticket stating that your exhaust is legal. That will get you out of the exhaust ticket and future tickets because you'll have that paper with you in your car. Get a front plate on your car and go to court to get the ticket written off and pay the B.S. handling fee.

NOTE:
The referee station wont test your exhaust unless you received a citation for an illegal exhaust. This is bullshit because you're guilty until proven innocent.

I got a ticket for my exhaust as well. The cops in my area were handing out tickets like candy and the officer told me they were pulling everyone over with a car that looked like it was used for street racing. I scheduled an appointment with the referee station and my exhaust could have been twice as loud and still would have passed the decibel test.

I got pulled over again and the officer said my exhaust was illegal (very vague so they can switch it up in case you have a CARB number). I told him he was wrong and showed him my copy from the referee station. He switched it up and said that he pulled me over because my exhaust polluted the air. I showed him my most recent smog certificate and he switched it up again saying that he knew my emissions were modified in the engine bay and made me pop the hood. I told him he was wasting both of our times and popped the hood. My engine bay is 100% stock and he had a dumb look in his face trying to find something wrong with it. He pulled out a camera and took some pictures of my engine and took off. This happened while driving my FD.

I too have respect for police officers but theres some that are total jerks. Get your exhaust tested because the odds are, your exhaust is legal. 95db is pretty freakin loud.

 

on august 22, 2007 i got pulled over for going 40 in a 35.

and the bastard put me down for 45 because he said i was racing.
he ALSO cited me for no insurance, even though i still SHOWED him
my insurance card. He also said that if i complain, he'll have my car towed away.

But the most fucked up part is that i was already parked at the restaurant,
i already opened the door, and the ****** pulls up with his spotlight and
tells me to get back in the car and leave my hands out of the window.

that guy was a dick. oh and my ticket actually says " *street racer*

i have to talk to the judge next tuesday at 8am. ****


btw, are RB duals legal? the cop told me my exhaust was too loud
and i have RB duals with a stock cat....

 

but yeah man, there are good cops and there are those racist bastard *****
who have nothing better to do than harass "street racers" i'll admit, i do speed
sometimes, but 40 in 35??!? thats ****** ridiculous.

 

Interesting.....I totally broke the law today in my 7 and got away with it. I was making a u turn an a huge 4 lane street that no one ever uses. I looked everywhere and could see a car or even any form of life. So I flipped it by pretty much burning 180 degrees and then I took off until about half way up third gear. This cop came out of ****** no where and pulled me over. As he came over to me I knew I was in the wrong and as always I was super nice with all my paperwork in hand. It went;
Cop: licence and registration please
Me: Right here officer (handed him the paper work)
Cop: Do you know why I pulled you over?
Me: Not really sir
Cop: You burned out making a u-turn....what for?
Me: clutch is kinda iffy (kind true i guess)
Cop gets closer and looks in my car
Cop: that your hat? (marine marpat hat on pass seat)
Me: Yes sir I am a marine from.....
Cop: Drive slower man no need to waste all that gas. Have a nice day.

Fourth time I got out of a ticket when I was totally wrong........

Sorry about the tangent I'm bored at work. But let's put it this way a fighter jet taking off an aircraft carrier is about 120 db so to have a 95 db exhaust would be painful after a short time........cops......mixed bag.

 

alhambra cops in general suck ,i live right on the border of alhambra and el sereno,and everytime im in alhambra i get dirty looks by those damn cops,or get followed by them.anyways good luck with the citation.

 

I have a very hard time accepting it's a fair excuse to give someone an exhaust ticket just because (essentially) you replaced 17 year old mufflers with current state of the art aftermarket's. Especially if you're running with cats as well. Even more, how the heck can the average cop tell the difference between stock mufflers and HKS mufflers?

As to noise, the stock exhaust in my wifes V8 Jeep Grand Cherokee is louder than my Racing Beat turbo back exhaust. Can't even hear my exhaust when driving next to a stock Mustang or Vette.

Now, if there is a law against having exhaust cans prettier than stock cans, then I could understand getting a ticket for having Racing Beat mufflers. Otherwise, I'd fight that exhaust ticket big time just for the principle. Very satisfying when the judge asks the cop why he wasted the courts time, which I've had the pleasure of enjoying first hand more than once.

 

Is that CVC for "modified exhaust" still in effect?

In 2003 I got popped for that in my Amigo with an aftermarket cat back, and I asked to see the CVC. He got out his little pamphlet of top 50 citations and all it said next to the CVC was "modified exhaust".

Didn't matter if it was smog legal, didn't matter if it met noise, if the exhaust system has been changed at all it's modified and illegal. . That's what John Q Law said. Pretty simple said the oinker.

Put a car chemistry 3 disc insert in the tailpipe. Had to go to CHP and start the motor. It was quiet, pig signed off, paid like $15 for the bacon's time. No points.

 

If that's the case, then Midas Muffler should totally be out of business in California.

This is crazy.

Pulabear - What is the code number on your citation for modified exhaust?

 

yeah, the CVC says "modified exhaust"

I work at Jamba Juice, and we got A LOT of sheriff's rolling through. I asked one of them once if he could break it down in detail for me a little bit.

He told me that the ONLY replacement that is leagal is a dealer/factory replacement. when it comes down to ANYTHING that involves smog or exhaust.

so, you can buy a new exhaust that is infact quieter than the stock rx7 exhaust, and its illegal.

I do agree that generaly speaking cops are douchbags!

Theres always the ocasional few cops that are cool.. but cops didnt get a bad name for being ******** for nothing. they are generaly rude, arrogant, ******** who think they are above the law.

(thats the nicest way ive ever talked about a cop...)

 

In short, it doesn't matter if I made the exhaust cans in my garage using old beer cans. So long as the exhaust system doesn't leak and the can's meet the 95db test (CA VC 27151(b)), there is absolutly no grounds for a modified exhaust ticket. So the cop's statement that "the ONLY replacement that is leagal is a dealer/factory replacement. when it comes down to ANYTHING that involves smog or exhaust" is total Bull **** as this section specifically says "include, but are not limited to, nonoriginal exhaust equipment".


Section 27151(a) is the "Modified Exhaust" section and it totally is built around excessive noise.

Here is the applicable sections from the California Vehicle Code:

Adequate Muffler Required
27150. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(b) Except as provided in Division 16.5 (commencing with Section 38000) with respect to off-highway motor vehicles subject to identification, every passenger vehicle operated off the highways shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Article 2.5 (commencing with Section 27200), and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(c) The provisions of subdivision (b) shall not be applicable to passenger vehicles being operated off the highways in an organized racing or competitive event conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.
Amended Ch. 558, Stats. 1977. Effective January 1, 1978. Supersedes Ch. 579.

Modification of Exhaust Systems
27151. (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified.
(b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment.
Amended Sec. 10, Ch. 92, Stats. 2001. Effective January 1, 2002.

Dismissal of Prosecution
27150.7. A court may dismiss any action in which a person is prosecuted for operating a vehicle in violation of Section 27150 or 27151 if a certificate of compliance has been issued by a station pursuant to Section 27150.2, or if the defendant had reasonable grounds to believe that the exhaust system was in good working order and had reasonable grounds to believe that the vehicle was not operated in violation of Section 27150 or 27151.

Amended Sec. 8, Ch. 92, Stats. 2001. Effective January 1, 2002.
Amended Sec. 4, Ch. 569, Stats. 2002. Effective January 1, 2003.

 

hozz where are you finding the CA vehicle code? Im unable to find it (im prolly just not looking hard enough )

 

http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm

 

Wan's advise is excellent as then you will absolutly be set for any future such situations.

Case in point, I did a complete S4 TII swap into my S4 Vert. I took it to my local Ref who said since it was same year to same year, it was totally in compliance. I had him put it in writing which I keep in my Vert all all times just in case I run into a cop of similar intelligence as what PULABEAR ran into.

Old saying, an ounce of prevention is worth a pound of cure.

Man I hate hearing stories like this of abusive cops. They are what give the good cops a bad rep.

 

Thank you guys for your responses!!
I think I will try to fight it off. I will post up the citation number later and see if people know what it is.
HOZZMANRX7 thanks for all the info!
And thanks to everybody showing me some support.

 

He probably wrote you for 27151.

And, your welcome.

 

yeah i got pulled over about a year ago for modified exhaust and sent to a state ref (not fun) but the cool thing was that i got certificate that WAN is talking about so if i have any problems with a cop then ill just pull that out.

 

Well they have the modified exahust system covered, as far as your 5mph over the speed limit, go to court, chances are he may not even show, you win, if he does show, there are many things you can do as far as fighting a 5mph ticket,
ask if it was a rolling or still speed measure
if it was still, ask for the calibration cert from the laser gun in his cruisier, probably won't have it... if he does, ask for the certificate for the person that calibrated the gun, probably won't have that either..
if it was a rolling tag, ask for the cruisers vehicle inspection certificate, to include tire pressure and all calibrations discussed above...
chances are the officer probably won't have all of the above, or if he does it will most likely be out of date in wich case the judge will say bad cop, no doughnut.. lol
i have a friend that was a cop back in ohio he told me all this, all things that had been brought against him when he was a rookie and didn't know to keep all this stuff up to date...

the front plate, i think you will have to bite the bullet on that one, unless your car is not registered in cali and the state its from doesn't require them, thats a big thing around here (lots of military from out of state) i know some states don't require a front plate

well just read back the OP didn't get the 5mph ticket but oh well still good info to know

 

Got to pay to play. Cops are blind. They see new cars but not the old school. I like it!!!

 

I second this.....otherwise you'll keep getting a fix-up tickets.
and when passing by the cops don't go under the posted speed limit it'll make you suspicious.