Quick exhaust ticket question
Got pulled over a few weeks ago for exhaust.
on the ticket the "Law Section" of the ticket does not match up with the "describe charge" part of the ticket.
I.E the law section is for test pipes/straight pipes. but the describe charge says illegal muffler.
is this grounds to get the ticket thrown out?
on the ticket the "Law Section" of the ticket does not match up with the "describe charge" part of the ticket.
I.E the law section is for test pipes/straight pipes. but the describe charge says illegal muffler.
is this grounds to get the ticket thrown out?
if
1-you arent a tool
and
2-more importantly don't come off as a tool
and
3-you're sure the charge doesnt fall under that section
then
move to dismiss the charges on the grounds that the charges are not specific and the officer/trooper is fishing for a conviction.
but be prepared for a conviction in the case of you being wrong or the judge just not liking you.
(now, if you are 100% sure, and are correct about the section being wrong, and you get convicted, you should appeal to circuit court with a stronger case on the lack of an exact charge.)
1-you arent a tool
and
2-more importantly don't come off as a tool
and
3-you're sure the charge doesnt fall under that section
then
move to dismiss the charges on the grounds that the charges are not specific and the officer/trooper is fishing for a conviction.
but be prepared for a conviction in the case of you being wrong or the judge just not liking you.
(now, if you are 100% sure, and are correct about the section being wrong, and you get convicted, you should appeal to circuit court with a stronger case on the lack of an exact charge.)
It all depends on the laws and what can or can't be proven in court and what type of exhaust you have plus how you were driving.
I helped a Subaru customer of mine beat a "illegal exhaust" and "loud exhaust" ticket by offering technician data on his SPT exhaust and both were dropped being it is a factory option and the noise level was tested by Subaru/Bosal to be compliant. Also it was found that a Trooper can not decide on what they constitute what is loud or what isn't when there is not set standard to follow or base the law off of and that there has to be a system of checks and balances.
I helped a Subaru customer of mine beat a "illegal exhaust" and "loud exhaust" ticket by offering technician data on his SPT exhaust and both were dropped being it is a factory option and the noise level was tested by Subaru/Bosal to be compliant. Also it was found that a Trooper can not decide on what they constitute what is loud or what isn't when there is not set standard to follow or base the law off of and that there has to be a system of checks and balances.
if
1-you arent a tool
and
2-more importantly don't come off as a tool
and
3-you're sure the charge doesnt fall under that section
then
move to dismiss the charges on the grounds that the charges are not specific and the officer/trooper is fishing for a conviction.
but be prepared for a conviction in the case of you being wrong or the judge just not liking you.
(now, if you are 100% sure, and are correct about the section being wrong, and you get convicted, you should appeal to circuit court with a stronger case on the lack of an exact charge.)
1-you arent a tool
and
2-more importantly don't come off as a tool
and
3-you're sure the charge doesnt fall under that section
then
move to dismiss the charges on the grounds that the charges are not specific and the officer/trooper is fishing for a conviction.
but be prepared for a conviction in the case of you being wrong or the judge just not liking you.
(now, if you are 100% sure, and are correct about the section being wrong, and you get convicted, you should appeal to circuit court with a stronger case on the lack of an exact charge.)
i know how to act in court. i.e get dressed up and all that mess.
i plan first ask to get the charge dissmised then show the picture that the exhaust was changed back to stock.
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