Modified Exhaust Ticket in Phoenixville! - Page 3
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This is a discussion on Modified Exhaust Ticket in Phoenixville! within the Tri-State forums, part of the Regional Discussion category; wow. very impressive case you set up, and they still stuck it to you, presumably because you didn't hire one ...

  1. #31
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    wow. very impressive case you set up, and they still stuck it to you, presumably because you didn't hire one of their local lawyers. this is amazingly silly and frustrating, especially considering the loudness of harleys.

    what was the case you cited? when you appeal, will you have to go in front of the same judge? i applaud your efforts to go in front of the judge without a lawyer, but it is amazing how much just having one there can affect the outcome of the case. do you have a lawyer friend that can at least give you some free advice?
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  3. #32
    Vez
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    The case I cited was The Commonwealth of PA v. Joel D. Baily, filed April 25, 2008.

    I won't be going up against the same judge...this was a district justice. The appeal will be in West Chester in front of a real judge. I (embarrassingly) didn't know this, but you don't need a law degree to become a district justice...they're elected. So, no surprise if a lot of these cases are unjustly ruled because of a lack of the actual knowledge of the law (since that's not a requirement to be a district justice) as well as familiarity with the officers. They're working for the same county and the more tickets that are issued, the more revenue the county makes. I'm guessing this afffects they're income, otherwise, they might try to actually administer justice and not what seemingly benefits them.

    I completely agree...if I had a lawyer, this would already be finished, but I just can't afford it. If I lose the appeal, I will have to pay a total of $233 (which could be my fuel pump and BCS!). If I win, I will still have to pay $44. Unless I can get a lawyer to represent me for less than $189, and charge only if we win, it would either be a monetary push or cost me even more money. So, no lawyer for me. Too bad there isn't a lawyer lurking on the forums that is chompping at the bit for cases like these...takes them personally. If he/she came and defended me and won, my case could establish precedence (at least in PA) of how wrong these citations really are and can possibly help other people in the future. It's be like doing the tuner community a public service.

    No lawyer friends to ask. A lawyer-friend of a friend is supposed to give me some pointers, though.
    Last edited by Vez; 11-19-2008 at 07:21 AM.
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  4. #33
    Registered User rexbro's Avatar
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    $172 is a big fine Then on top of it you have to pay court cost even if you win

    Good luck on the appeal. I'm surprised that it didn't at least get reduced.

  5. #34
    Registered User Acrdys's Avatar
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    This makes me sad...

    It was like seeing this straight pipe subaru go up go a buncha bikes up in pismo and started revving.

    All the bikers start rev'in their engines also

    cop on a pedal bike goes up to subaru and gives him a ticket while the other bikers didn't get in trouble at all. boo
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  6. #35
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    the whole motorcycle thing is what bothers me most about these tickets...how are you disturbing the peace any less with a louder exhaust just because it comes that way on the bike? it would be another thing if they tested emissions and fined you for being catless or even not passing the test with a hi-flow, but there are plenty of catless harleys out there too. being fined for a loud exhaust that is much quieter than your average cruiser bike is absolutely infuriating.
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  7. #36
    Vez
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    "TABLE 1: Maximum Permissible Sound Level Readings (decibel (A)) Highway operations test

    (These numbers are in the order of Soft Site-under 35mph, Soft Site-over 35mph, Hard Site-under 35mph, Hard Site-over 35mph, where soft/hard refer to the road being tested on (a paved road is a hard site)

    (1) Any motor vehicle with a manufacturers gross vehicle weight rating of 6,000 pounds or more and any combination of vehicles towed by such motor vehicle. 86 90 88 92

    (2) Any motorcycle other than a motor-driven cycle. 82 86 84 88

    3) Any other motor vehicle and any combination of vehicles towed by such motor vehicles. 76 82 78 84"


    So, techinically, big trucks/trailers can be (legally) the loudest, then bikes, then cars. I'm currently trying to find a place to get the decibels measured and I'll post the numbers as soon as I do. It'll at least give us a good frame of reference.
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  8. #37
    ClubWRX.net Vendor OakosAutomotive's Avatar
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    A good friend of mine got a "DC" ticket for squealing his tires a few years back. He went to court and lost just like you....he then contacted the local ACLU office and they took the case and that DC statute has since been declared "Conditionality over broad" and his conviction was expunged. The ACLU works for free if they decide to take a case...you may want to try your local office or try attacking it from the free speech stand point like the ACLU did.


    Clayton

  9. #38
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    Quote Originally Posted by Acrdys View Post
    This makes me sad...

    It was like seeing this straight pipe subaru go up go a buncha bikes up in pismo and started revving.

    All the bikers start rev'in their engines also

    cop on a pedal bike goes up to subaru and gives him a ticket while the other bikers didn't get in trouble at all. boo
    CA registered cars must conform to the CARB emission laws, bikes however are not enforced nor required to get smog tested.
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  10. #39
    Vez
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    Great info! Thank you very much; I'll check into that.


    Quote Originally Posted by OakosAutomotive View Post
    A good friend of mine got a "DC" ticket for squealing his tires a few years back. He went to court and lost just like you....he then contacted the local ACLU office and they took the case and that DC statute has since been declared "Conditionality over broad" and his conviction was expunged. The ACLU works for free if they decide to take a case...you may want to try your local office or try attacking it from the free speech stand point like the ACLU did.


    Clayton
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  11. #40
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    Neutral is the best gear...that is if you see the cop. I have done that many times living in California watching a California Highway Patrol (they are relenetless) pass me or next to me, but the they still give me the stink eye. Good luck!
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  12. #41
    Registered User wrx wagone's Avatar
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    Bump for Vez. I saw your attempt at a thread on Nasioc. That place is wonderful. People are calling you a moron for actually using the court system as it was designed.

    Any updates?

    Also, I run an Invidia N1 and we have strict noise limits over at our Warminster AutoX site. When tested with an actual sound meter, I'm at 88-90 dba under full throttle. If you would like we can test your exhaust also.

    There are many ways to test sound, so you can get different results depending on how you test.
    Last edited by wrx wagone; 11-29-2008 at 08:25 AM.
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  13. #42
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    Quote Originally Posted by wrx wagone View Post
    Bump for Vez. I saw your attempt at a thread on Nasioc. That place is wonderful. People are calling you a moron for actually using the court system as it was designed.

    Any updates?

    Also, I run an Invidia N1 and we have strict noise limits over at our Warminster AutoX site. When tested with an actual sound meter, I'm at 88-90 dba under full throttle. If you would like we can test your exhaust also.

    There are many ways to test sound, so you can get different results depending on how you test.
    resonated?
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  14. #43
    Registered User wrx wagone's Avatar
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    Quote Originally Posted by Acrdys View Post
    resonated?
    For whatever little it does, yes.
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  15. #44
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    Damn, it seems you are fighting an uphill battle against people who are one-sided in views regardless of the facts. Crappy ordeal man. Good luck with the case
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  16. #45
    Registered User Acrdys's Avatar
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    Quote Originally Posted by wrx wagone View Post
    For whatever little it does, yes.
    Do you have a hi-flow cat? I'm assuming no, but theres that 5% in my mind.
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