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02-03-2004, 02:20 PM | #1 | |
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Exhaust Ticket Information VC 27151 & Similar
Due to the number of emails and PMs I receive on the subject I want to post all this info for everyone to see and hopefully search in the future. Here's the response to a PM I received today:
Here's all the info I used in fighting my exhaust ticket. As for the actual written declaration, I don't have my original. I'll break it down into steps: 1) Declare NOT GUILTY 2) Cite VC text referenced on ticket (i.e. VC 27151 (a) 3) Explain why not guilty 4) Cite specific portions of VC to support your statements (i.e. cite tests that are supposed to be performed, but weren't. noise levels that were alleged to be broken, but no proof from officer., etc.) 5) declare not guilty again and cite VC text another time. That's it. Be sure to have at least one full page, preferably more. Links: http://ticketassassin.com/docs/forms050264.html http://www.vfaq.com/BADSM/CHP-Exhaust.html http://www.bikersrights.com/states/c...a/CJCKnox.html http://www.dmv.ca.gov/pubs/vctop/d12/vc27151.htm http://www.enjoythedrive.com/content/?ID=25897 http://forums.freshalloy.com/cgi-bin...pic&f=9&t=0129 01&p= http://www.greddy.com/CHPnoisepolicies.html http://www.arb.ca.gov/bluebook/bb95/vc/VC27150.TXT http://www.arb.ca.gov/bluebook/bb95/vc/VC27151.TXT http://www.chp.ca.gov/pdf/01-50.pdf http://info.sen.ca.gov/cgi-bin/postq...ess=CUR&house= B&site=sen http://www.leginfo.ca.gov/pub/bill/s...ll_20010723_ch aptered.html http://www.aftermarketworld.com/news.htm http://www.sae.org/servlets/productD...&PROD_TYP=STD& COMMON_SUCCESS=TRUE ticket info http://www.dmv.ca.gov/pubs/vctop/d17/vc41501.htm http://www.nolo.com/lawcenter/ency/a...77-A661-4A84-9 EC239EB95F0550E/catID/CF015A63-6B69-4EED-A34B6F4035C8BE0E http://www.improv-ts.com/gota.htm http://ticketassassin.com/docs/22349_sample3.html http://www.ticketassassin.com/index.html http://ticketassassin.com/docs/forms050264.html Quote:
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02-03-2004, 02:46 PM | #2 |
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Hmmm, suggest sticky? Or add to "Threads Of Interest" at the least...
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02-03-2004, 03:11 PM | #3 | |||
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Ok...I did a little research. I read the 2004 CVC for Section 27151(a) and laws relating to it as cited in paragraph (a).
Quote:
Quote:
Division 12, Chapter 5, Article 2.5, Section 27200 Quote:
Am I missing something here? All the info I got was off the DMV website and according to the 2004 CVC. Has there been a change that I/we are unaware of? MCA: Thanks for your help! |
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02-03-2004, 03:46 PM | #4 | ||
Scooby Newbie
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Join Date: Apr 2001
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Quote:
Quote:
Aaron |
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02-03-2004, 03:56 PM | #5 |
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Sorry for the ignorance, CVC 27151(b) states the limit of an exhaust. Damn it, I wish I got busted for paragraph (b) instead of (a). I think it would've been a lot easier to fight.
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02-03-2004, 04:39 PM | #6 |
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It seems to me that Paragraph (a) is in referance to a stock exhaust system that has been modified and that (b) is geared towards aftermarket systems. If you ignore Paragraph (b) of CVC 27151, you will end up w/ an exhaust having to comply with an 80dbA limit.
You're right about me (or anyone else that fights this type of ticket) having to establish the conditions of paragraphy (b). Thanks again for your help and insite. |
02-03-2004, 04:51 PM | #7 |
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I would write the declaration under the assumption that you are defending against paragraph (b). That also gives you lots more material to support your defense. The longer the document, the less likely the officer is to answer.
Aaron |
02-03-2004, 04:56 PM | #8 |
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I can't do it under that assumption seeing as the bastard clearly wrote 27151(A). I'll figure something out as far as how to introduce it as it clearly states the stipulations for compliance to not only that paragraphy, but the entire section itself.
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02-03-2004, 06:26 PM | #9 |
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I think you can safely make that assumptiopn since a maximum noise level is mentioned in (a), then specified in (b). I think a judge would naturally make the connection. 27151 (b) looks like the only place where passenger car noise level standards are mentioned.
Aaron |
02-03-2004, 07:04 PM | #10 |
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Once I get all my stuff together, I'd like to have you look it over just to make sure I'm not missing anythin (if it's cool w/ you)
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02-03-2004, 08:19 PM | #11 |
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This is such a lifesaving post....should be a sticky!!!
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02-04-2004, 02:36 AM | #12 | |
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Quote:
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03-09-2004, 05:40 PM | #13 | |
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Quote:
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03-09-2004, 06:14 PM | #14 |
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MotorWerkz:
Good find! I didn't even dig that deep. But here's something else. --------------------------- 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. -------------------------- |
03-09-2004, 06:21 PM | #15 |
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I just finished reading 27150.2 and it doesn't state anywhere that the citation can be issued based on the officer's hearing. But you are right about the testing. You can go do it yourself, or you can be mandated by the court.
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03-09-2004, 06:31 PM | #16 |
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03-09-2004, 07:25 PM | #17 | |
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Quote:
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03-09-2004, 07:30 PM | #18 |
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weird, they stated the 27150.2 VC differently in CHP website.
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03-09-2004, 08:46 PM | #19 |
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does anyone know the fee for the decible test?? probably more than the ticket
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03-09-2004, 09:00 PM | #20 | |
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Quote:
to make an appointment for decibel test is free of charge, as long as you have the citation with you, the overal cost is $30, and it takes 50 minutes to complete the procedure. I made an appointment earlier today for next week testing, I was cited for VC 27150(a) and I believe I can get this off citation quickly than some of you who got cited for VC 27151 |
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03-10-2004, 05:48 AM | #21 | |
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Quote:
Last edited by MotorWerkz; 03-10-2004 at 06:10 AM. |
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03-10-2004, 11:31 AM | #22 |
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Do it by mail. According to ticketassassin.com, fighting by mail automatically gives you a 30% chance of winning. If you want help with writing up your arguments, I wouldn't mind sharing how I'll be doing mine. But the thing is, I haven't done it yet.
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03-10-2004, 02:26 PM | #23 |
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Damn! I already purchased the APS 3.5" exhaust rated at about 100 db - freakin loud ...... I may have to change the muffler to a less noisy one.....
here's the SAE J1169 test req in CA go to the bottom of page SAE J1169 Noise Test |
03-10-2004, 03:02 PM | #24 | |
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Quote:
(ed.)Good find! |
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03-10-2004, 03:44 PM | #25 | |
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Quote:
So - when you go see the judge you can crossexamine the offending officer and ask him if he's familiar with the VC's corresponding to exhausts & the SAE J1169 test / if he measured your exhaust noise / How many dB's ? / etc .. hehehe .... and cite the VC's |
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