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Old 04-10-2012, 08:51 PM   #476
filthy
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Quote:
Originally Posted by Evan
There is some discussion on the applicability of emissions laws on out of state visitors on a law enforcement forum from 2008.

It doesn't make much sense to me for a visitor from another state to be ticketed for emissions equipment that is legal in the state in which the car is registered. It is not a safety issue.
Stick to your guns. The cop will only harrass you if your demeanor is like a scared boy in trouble. Be a proud tourist.
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Old 04-17-2012, 08:33 PM   #477
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Stick to your guns. The cop will only harrass you if your demeanor is like a scared boy in trouble. Be a proud tourist.
I couldn't agree more, don't let the cops try scare you.
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Old 06-03-2012, 05:44 AM   #478
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I received a ticket for a loud exhaust and removal of OEM catalytic converter (external wastegate, my fault). The ticket was marked as uncorrectable by the officer. I reverted to stock, got a state ref to sign off, and I fought the “uncorrectable” nature of the ticket it in court and won. I did have to pay the state ref fee for exhaust noise and emissions check as well as the court fee. I did not have to pay my bail amount or any other ticket fees. I hope this info helps.

According to the vehicle codes, my infraction was supposed to be marked as correctable UNLESS I met some of the disqualifying conditions from subdivision (b) of Section 40610. I did not meet any of those, or at least the officer did not note that I did.

This is what I read aloud in the courtroom during my arraignment. The judge sided with me after I explained and presented everything (state ref papers and supporting VCs) and I did not have to set any other court dates.

“I received an infraction for vehicle code 27151(a) and 27156(b). I am appearing in court today to provide proof of correction to these infractions, and to provide payment in accordance to VC Section 40611, Proof of Correction of Violation Transaction Fee. I can cite the vehicle codes that support this action if you would like.”

Below is the Vehicle Codes I cited to the judge to support the correctable nature of my ticket. The red bolded text guides you to the next important step. Make sure to read all of the vehicle codes and understand how the work in conjunction with each other. You will probably not get the judge to side with you if you don’t seem to know what you are talking about. To cobble together this info, I happened upon a forum post somewhere and found out about correctable vehicle codes. I looked up and researched all the referenced VCs I saw on my ticket along with VC 40610. I was able to logically work backwards through the codes and come to the conclusion I am posting about. I also showed up to the courthouse with my car stock, in case they were like “Well, lets go look at the car now!”

Upon saying that I had some vehicle codes to quote, the judge asked me if I had spoken to the CHP about the ticket, and started saying something about how the court and the CHP recently discussed the “grey area” correctable nature of this ticket. After I told her I had not spoken to the CHP, she stopped and asked me to continue with my proof. Not sure what she was talking about, so if someone has further info on that, it would be nice to hear.

V C Section 40522 Proof of Correction: Dismissal of Charge
40522. Whenever a person is arrested for violations specified in Section 40303.5 and none of the disqualifying conditions set forth in subdivision (b) of Section 40610 exist, and the officer issues a notice to appear, the notice shall specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed on proof of correction. If the arrested person presents, by mail or in person, proof of correction, as prescribed in Section 40616, on or before the date on which the person promised to appear, the court shall dismiss the violation or violations charged pursuant to Section 40303.5.


V C Section 40303.5 Notice to Correct Violation for Specified Infractions
40303.5. Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:

(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.
(d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).

Division 12 > Chapter 5 > Article 2 (Exhaust Systems > 27151 27156
Both of the infractions on the ticket, modified emission and exhaust noise, are infractions listed under Division 12.


V C Section 40610 Notice to Correct Violation
40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.

V C Section 40611 Proof of Correction of Violation Transaction Fee
40611. (a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation. The fees shall be deposited by the clerk in accordance with Section 68084 of the Government Code.
(b) (1) For each citation, ten dollars ($10) shall be allocated monthly as follows:
(A) Thirty-three percent shall be transferred to the local governmental entity in whose jurisdiction the citation was issued for deposit in the general fund of the entity.
(B) Thirty-four percent shall be transferred to the State Treasury for deposit in the State Penalty Fund established by Section 1464 of the Penal Code.
(C) Thirty-three percent shall be deposited in the county general fund.
(2) The remainder of the fees collected on each citation shall be deposited in the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5 of the Government Code.
(c) No fee shall be imposed pursuant to this section if the violation notice is processed only by the issuing agency and no record of the action is transmitted to the court.

V C Section 40616 Misdemeanor to Willfully Fail to Correct or Deliver Proof
40616. Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a) Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed to inspect and certify for the violation pursuant to Article 8 (commencing with Section 9889.15) of Chapter 20.3 of Division 3 of the Business and Professions Code and Section 27150.2.
(b) Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c) Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
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Old 06-03-2012, 06:06 AM   #479
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A newb that actually contributed. Awesome!

First off, congrats on successfully pleading your case. That's a lot of info you dug through and presented.

Thanks for sharing and adding to the value of this thread!
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Old 10-02-2012, 06:17 PM   #480
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Hey guys! I have a question about this topic, hopefully its one that you haven't heard so many times its annoying to answer it

Im getting a cat back soon. I'm looking for something not too loud just because i know cops here in LA can get bored and stop me for no reason to give me a ticket for it. My question is though, what are you guys' experiences when getting stopped. Did the stop you and literally said "sir your exhaust is too loud" or were you messing around and revving and didn't notice the cop across the street? I want to have a cat back that has a nice rumble but low key, and i just want to be as safe as possible. Plus, if i get a ticket then my wife will be absolutely pissed lol.

Thanks guys!
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Old 10-02-2012, 08:24 PM   #481
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whenever I get popped, I'm just driving normally. I even got popped in bumper to bumper traffic on the freeway in Barstow.

I just act calm and when they tell me I can't do what I did, I just say 'Okay. Thanks for the heads up. Have a good day and stay safe.'

Sometimes I get lucky and get Jo ticket. Other times I do.
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Old 10-03-2012, 01:22 PM   #482
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geez...are you that loud? lol
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Old 10-03-2012, 02:12 PM   #483
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Yes. Yes I am.
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Old 01-28-2013, 01:11 PM   #484
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Just received a 2751(a) modification of exhaust fix-it ticket. I have been reading on this thread and am confused as to whether or not I should even fix it. My first option is to try to fix it so that I can just pay $25 as to what I've been reading. Or to just pay the fine and leave my mods on with no problem and to be over with it. My first option is if I go back to stock, and take it to a sheriff station to sign it off, would I need to change my catless DP as well to have it signed off? I have a full TBE and was wondering if I can just change the axleback to stock. Will they pop my hood to check or should I just change the full exhaust back to stock? Option 2, if I pay my ticket how much would the fine be?
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Old 01-28-2013, 05:41 PM   #485
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To end your confusion, a modified exhaust ticket is marked as either a "fix-it" ticket or "non-correctable". When it's a "fix-it" ticket, change it back to stock and pay the fee to the sheriff's station. If it's the latter, you can pay the fee and leave the car as is, however if you get busted again, the fee goes up.

Sometimes, they may require you to take it to a special referee station at which point, nearly every engine mod must be put back to legal limits. You then receive a certificate that your car passed as well as a list of mods, if any done to the engine.

In your case, change it back to stock and pay the court AND sheriff's inspection fee (CHP is free IIRC). To be safe, change the DP as well. Hope that clears up your confusion.
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Old 01-28-2013, 06:11 PM   #486
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Quote:
Originally Posted by ivbdn View Post
To end your confusion, a modified exhaust ticket is marked as either a "fix-it" ticket or "non-correctable". When it's a "fix-it" ticket, change it back to stock and pay the fee to the sheriff's station. If it's the latter, you can pay the fee and leave the car as is, however if you get busted again, the fee goes up.

Sometimes, they may require you to take it to a special referee station at which point, nearly every engine mod must be put back to legal limits. You then receive a certificate that your car passed as well as a list of mods, if any done to the engine.

In your case, change it back to stock and pay the court AND sheriff's inspection fee (CHP is free IIRC). To be safe, change the DP as well. Hope that clears up your confusion.
Thanks! that helps a lot! I will go with that route. By any chance do you know how much the fine would be if I had to pay the fine and not do the 'fix-it'? Just to pay and be over with?
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Old 01-28-2013, 08:11 PM   #487
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Originally Posted by go0sebumpz View Post
Thanks! that helps a lot! I will go with that route. By any chance do you know how much the fine would be if I had to pay the fine and not do the 'fix-it'? Just to pay and be over with?
Depends on the county. Usually ~$110-125 is the starting point. Once you pay your fee, and if you get busted again, the fee goes up. Unless the law has changed, three convictions of the same offense and failure to comply to that law of the vehicle code constitutes a willful disregard for the law and they can put you in jail. I doubt they'd actually enforce it as I Don't recall seeing any sentencing guidelines in my research.
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Old 01-29-2013, 09:45 PM   #488
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Depends on the county. Usually ~$110-125 is the starting point. Once you pay your fee, and if you get busted again, the fee goes up. Unless the law has changed, three convictions of the same offense and failure to comply to that law of the vehicle code constitutes a willful disregard for the law and they can put you in jail. I doubt they'd actually enforce it as I Don't recall seeing any sentencing guidelines in my research.
My fee in Azusa was $145, fought that crap. Ride dirty!
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Old 01-29-2013, 10:01 PM   #489
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My fee in Azusa was $145, fought that crap. Ride dirty!
I've done the same and successfully done so nearly half a dozen times. How did you go about it? What were your arguments?
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Old 01-30-2013, 10:06 AM   #490
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Originally Posted by ivbdn View Post

I've done the same and successfully done so nearly half a dozen times. How did you go about it? What were your arguments?
Im straight pipe with a CARB legal (larger diameter) cat, but using an 04-07 STi tip. My argument is that it's an SPT/STi factory option. Took pics of the tip and have brochures.
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Old 01-30-2013, 11:42 AM   #491
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Originally Posted by EPlascencia60 View Post
Im straight pipe with a CARB legal (larger diameter) cat, but using an 04-07 STi tip. My argument is that it's an SPT/STi factory option. Took pics of the tip and have brochures.
Nice! After I fought my ticket, I've noticed that if/when I get pulled over for exhaust, they normally let me go. Do you notice or share a similar experience?
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Old 02-01-2013, 10:31 AM   #492
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Nice! After I fought my ticket, I've noticed that if/when I get pulled over for exhaust, they normally let me go. Do you notice or share a similar experience?
Well I've had this exhaust for over a year and havent been pulled over for it specifically. That time was a sheriff who was too far from me to hear my exhaust, must've been the shinny tip that caught his attention. The ticket was for modified exhaust non-correctional. Haven't been pulled over since and I've been around tons of cops like 5 ft away even
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Old 03-18-2013, 07:37 PM   #493
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why is it that when i brought my car into the CHP to get it written off, *after i've reverted back to stock, the employee referred me to the ref station? I thought that my violation can be corrected and written off by CHP? I don't want to bring it to a ref station and have it ref'd for $108. My ticket notes that it is a "correctable" violation. My violation code is 27151(a)
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Old 03-18-2013, 07:39 PM   #494
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Because the law changed and despite your ticket saying correctable it's really not. The ref station is only good if you want to fight, the judge will take that into consideration and likely lower your fine. It worked for me but I ended up paying about $250 altogether.
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Old 03-18-2013, 07:40 PM   #495
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Originally Posted by go0sebumpz View Post
why is it that when i brought my car into the CHP to get it written off, *after i've reverted back to stock, the employee referred me to the ref station? I thought that my violation can be corrected and written off by CHP? I don't want to bring it to a ref station and have it ref'd for $108. My ticket notes that it is a "correctable" violation. My violation code is 27151(a)

I had the same problem, CHP didn't write it off and then he threaten me that if I don't leave he would write me up for tints. He said it would be uncorrectable for the exhaust and the tints. So I just took the state ref route. I wish I would remember that officers name, I was dumb not to write it down
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Old 03-18-2013, 07:40 PM   #496
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Cops don't know the granularity of most laws, they'll often tell you something incorrect or mark it as correctable when it's not.
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Old 03-18-2013, 08:11 PM   #497
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Quote:
Originally Posted by go0sebumpz View Post
why is it that when i brought my car into the CHP to get it written off, *after i've reverted back to stock, the employee referred me to the ref station? I thought that my violation can be corrected and written off by CHP? I don't want to bring it to a ref station and have it ref'd for $108. My ticket notes that it is a "correctable" violation. My violation code is 27151(a)
The reason he did that was because the state needs money.
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Old 06-24-2014, 03:02 AM   #498
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This is such a lifesaving post....should be a sticky!!!
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Old 07-13-2014, 01:38 PM   #499
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I had the same problem, CHP didn't write it off and then he threaten me that if I don't leave he would write me up for tints. He said it would be uncorrectable for the exhaust and the tints. So I just took the state ref route. I wish I would remember that officers name, I was dumb not to write it down
I had a cop write my tint ticket as not correctable once, it was in my old suv. The judge read it and said "this isn't a street racing vehicle so I'm going to switch this to correctable." I think that's why they do tints as not correctable sometimes.

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Old 07-23-2014, 02:26 PM   #500
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Here's a tip.... Being in law enforcement I can tell you this will work 90 percent of the time. When you get pulled over, depending on why, the officer is using exhaust/tint in order to see what you're up to. You could be going 51 in a 50 but the "reason" for a legal detention is because you have tint or a loud modified exhaust. Just be nice.... Yeah you're annoyed cuz the officer gave a BS reason to pull you over. The best thing you can do is just talk to them, be respectful and engaging and they'll send you on your way, they just wanted to see who's driving and if you have any wants or funky crap in your car. CHP will screw you everytime though, they'd give their own grandmother a ticket.
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