Modified Exhaust Ticket in Phoenixville! - Page 6
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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; Excellent work Vez!...

  1. #76
    Registered User rexbro's Avatar
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    Excellent work Vez!

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  3. #77
    Registered User wrx wagone's Avatar
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    That is awesome! Way to go Vez! I can't wait to read the write up.
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  4. #78
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    WRX in Reading

    Congrats Vez, I hope I may not have to go what you went through in the future. If so, I now have a guideline of what I could do depending on the charge.
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  5. #79
    Admiral Ackbar the 1st mycologist's Avatar
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    I'm looking forward to the details.
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  6. #80
    Registered User 05Wrex's Avatar
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    That's awesome Vez, can't wait for the details.
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  7. #81
    Vez
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    The Day Before the Trial:
    BlueHeavenWRX’s friend who’s in law school took it upon himself to prepare my arguments for me!!! This victory is a direct result of his help. Wednesday, he sends me the 4 cases he used in my defense, a summary sheet which gave the reason behind the trials and the legal precedence set by their rulings, and a page with 3 arguments as to why I should win. He instructed me to make 3 copies of everything…give the judge a copy of the cases and the summary sheet and the other side a copy of the cases (let them try and find the referenced points themselves) and highlight the points in the copies given to the judge. I must say, THIS is why people hire a lawyer.
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  8. #82
    Vez
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    “Good morning Worm your Honor. The Crown will plainly show the prisoner who now stands before you…” :
    BlueHeavenWRX and I are there waiting for the judge, Judge Smith, (old guy, seemingly reasonable and calm) who is 15 minutes late. A bunch of other trials went before us but they flew through them and I guess that since I was the only person there actually arguing my defense, they saved me for last. Before trials started, I learned that it’s not just the cop but apparently, an assistant DA I will be sitting across from. I find this out because she approached me and said, “The officer decided to change this to a Vehicles Code citation instead. Would you like that?” I said, “No, thank you.” Pfft…that might have been easier since I could simply say he never took a dB measurement and therefore should be immediately be thrown out, but these arguments were great AND they included that point.
    Last edited by Vez; 02-13-2009 at 03:13 PM.
    Hawk-Eye Alliance #081
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  9. #83
    Vez
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    The cop on the Stand:
    She calls the cop to the stand (everything we knew about appeals structure, which was next to nothing, pointed to no witnesses and merely 2 parties stating their cases for 10-30 minutes, the judge asking questions, and that’s it). So, this was a little surprise. On the stand he testifies that my exhaust is louder than an regular one, that there were row homes 5-6 feet away from the road and that he was in the pool supply parking lot when he heard me. He was asked to describe my exhaust and in the process said it was 4” wide….so I started smiling and shaking my head for him to see me and he stuttered and changed it to about 4”. You were able to tell he didn’t have a good feeling about any of this. I get to cross examine him

    “Officer, during the last trial, where did you say where you were when you heard me?” “I spoke in error during the last trial.” “So, you’re saying that while you were under oath, you said you were certain you were passing me when you heard me. I then asked if you remembered telling me, after you pulled me over, you were in the pool supply parking lot when you heard me, and you told me you remembered no such thing.” “I spoke in error during the last trial.” “Yes, you did and you were certain of your answer.” “You said my exhaust is louder than a regular exhaust. What is the average dB level of a regular exhaust?” “I don’t know” “Oh…that’s okay. What is the dB level of MY exhaust?” “I don’t know.” “Did you take any measurements?” “No.” “You also mentioned row homes 5-6’ away from the road. Did you know that according to Chapter 157, Title 67, that any obstruction, even as small as a mailbox, can amplify sound and that these regulations have specific adjustments to compensate for such increases?” “No.” “I have no further questions.”
    Last edited by Vez; 02-14-2009 at 07:58 PM.
    Hawk-Eye Alliance #081
    I'm the only person born a Pirate and trained as a Ninja; I sometimes don't get along with myself..
    2007 UGM WRX STI Ltd. #081/800

  10. #84
    Vez
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    My Turn:
    I start to read the prepared arguments. I can hear the ADA shuffling through the cases trying to find the points I was referencing. I had to stifle a chuckle because the highlighter trick worked perfectly. I read the first argument, why if anything, this should be a Vehicles Code citation and not a Criminal Code citation. I noticed another attorney sitting there smiling. She was beaming, grinning ear to ear because I guess she had already predicted the outcome of the trial based on the preparedness of the first argument. Lol I read the second argument which focused on even if you could give a DC citation for an exhaust, this still wouldn’t be a valid case. At the end of it, I added that I have a list of 15 places I tried calling for dB to do my own testing. I listed 2 State Police barracks and 4 other local stations, one of which I pointed out was Officer Fusco’s…Phoenixville. I said I conducted the tests precisely to spec according to Chapter 157, have pics, verified weather conditions, etc. and have shown that my car’s exhaust is perfectly legal in all appropriate gears while going both 30mph and 45mph as well as data for most RPMS in each gear. This evidence was objected (and sustained) for whatever reason…can’t remember, but I had planned for that possibility. Even if it were rejected, I showed my willingness to find the truth, my thoroughness , and truly believed my results proved what I was saying.
    Hawk-Eye Alliance #081
    I'm the only person born a Pirate and trained as a Ninja; I sometimes don't get along with myself..
    2007 UGM WRX STI Ltd. #081/800

  11. #85
    Vez
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    The Conclusion:
    He stopped me right there. He didn’t even let me get to the 3rd argument!!! “You’ve already more than established reasonable doubt, you don’t need to say anything else. I’m ruling in your favor.” He ended it by saying, “Okay, your exhaust is legal, but it’s louder than normal. Why don’t just put on your stock exhaust, okay?” This is the moment I’m most proud of…I simply said, “Yes Sir, thank you.” I really wanted to say, “I shouldn’t have to change anything if I’m perfectly legal. These kinds of cops should learn what the law actually is and enforce it properly.” I knew that at that point, there was nothing I could say that wouldn’t worsen things for myself, so I bit my tongue.
    Last edited by Vez; 02-14-2009 at 08:02 PM.
    Hawk-Eye Alliance #081
    I'm the only person born a Pirate and trained as a Ninja; I sometimes don't get along with myself..
    2007 UGM WRX STI Ltd. #081/800

  12. #86
    Vez
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    The Arguments:
    I asked and received permission to pass this along to everyone. Here are the prepared arguments!!
    Attached Files
    Hawk-Eye Alliance #081
    I'm the only person born a Pirate and trained as a Ninja; I sometimes don't get along with myself..
    2007 UGM WRX STI Ltd. #081/800

  13. #87
    Admiral Ackbar the 1st mycologist's Avatar
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    Very well played, and nice reference for the title. I am impressed. I really wonder about the last part - when will they get this message when contradicting yourself is perfectly ok when you are the one everyone listens to in the lower court and nothing feeds back.
    "From a little spark may burst a mighty flame." - Dante
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  14. #88
    Registered User 05Wrex's Avatar
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    Very nice. It is very fortunate for you that you do have a friend in law. He put together more than enough for you to win your case, like any good lawyer, and was prepared for any turns by the prosecution.
    OBP 2005 Wrx - Big 16g

  15. #89
    Vez
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    One of the more impressive things about this is....I didn't even know the lawyer-to-be...he was a friend of a friend. I think that speaks volumes about how good of a person he his. Additionally, his permission for me to pass along his arguments to help anyone else in the same situation.

    I hope this helps more people. If anyone has any questions or wants more details, please feel free to ask...here or in a PM. I'm glad to offer as much information as possible.
    Hawk-Eye Alliance #081
    I'm the only person born a Pirate and trained as a Ninja; I sometimes don't get along with myself..
    2007 UGM WRX STI Ltd. #081/800

  16. #90
    Registered User wrx wagone's Avatar
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    Very well done Vez! I may end up using this as I might be moving to Phoenixville in the next year or so.

    Right on!
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