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Hobthebob
PostPosted: Mon Mar 05, 2007 11:37 pm  Reply with quote
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So I got pulled over today for a loud muffler which isn't really that loud at all. Not compared to my last one anyway. I looked around and found the section and subsection the officer cited in the ticket and I was hoping someone could help me clear something up.

http://www.nysorva.org/documents/vtlawsTitle3Article9.htm

In this page do a search for "31" without the quotations. That was the subsection cited under section 375 and I noticed that it says

"Every motor vehicle, operated or driven upon the highways of the state" and then goes on to say what isn't allowed. When it says "highways of the state" does that mean that it's only illegal to have a loud..er muffler on any highway, excluding regular roads and parkways?

I already looked up some other things related to the issue and was wondering if the officer had to use a decibel meter to accurately measure the loudness of my muffler in order to give me a ticket.

I know of one or two cops that play and talk on these forums who I really dig, can you help clarify this for me? You guys know the law pretty well seeing as you enforce it every work day.

I also looked up the laws about mufflers if it's a case of emission standards and if I remember this correctly it states that if you don't mess with the muffler before the catalytic converter then it's legal emissions-wise. Of course it wasn't an emission issue, just a sound issue. Plus I just got the car registered today and I had no idea if the muffler was legal or otherwise since it came with the car and I didn't ask about it. I hear and see a lot of other loud vehicles on the streets and I don't see them getting pulled over. Maybe it's done behind my back.....

Thanks!

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ksix
PostPosted: Tue Mar 06, 2007 12:30 am  Reply with quote
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I'm not a cop, but I've been very active in an autocross club for a long time. Folks in our club get stopped all the time and talk about this stuff a lot. (I've gotten 3 warnings myself in the last few months. 2 for no front plate and 1 for "obstructed rear license plate". Race tires on my strange carrier blocked the view of my rear plate. http://www.izoomgraphics.com/index.php?main_page=product_info&cPath=4&products_id=9 ) Driver attitude is usually the difference between a ticket and a warning.

You DO need a muffler on any public roads, not just highways. Private property is OK, but city sound rules still apply. Cops don't need to do a DB check. Just the officers opinion is enough. Like the "display of speed" call. Its up to the officer. Also, a gear-head, and many cops, can tell if an exhaust system has a hole in it just by the sound. Exhaust leaks can get into the passenger cabin. Bad news and more likely to get a ticket than an exhaust that is intact but just loud. They sound different. Also, some officers, and many people (me included) really really hate the tinny sound of some of the "fart can" mufflers now on the market.

Mufflers don't affect emissions. If you have something before your cat, its probably a pre-cat or secondary cat. Dual cats are becoming more common. Cat back exhaust mods are legal, unless they get too loud.

Experience in our club would say "Pay the ticket" or "Pay a laywer". Nobody here has fought this and won. And next time, short-shift when a cop is around.

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Hobthebob
PostPosted: Tue Mar 06, 2007 12:36 am  Reply with quote
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The funny thing is I was going up a hill and taking a left turn on a fairly busy intersection where I had to stop. I just got the car and I revved it a bit too much up the hill to make the turn while the cop was following me. If it was a straightway I would have shifted into neutral and taken a turn onto a side road to stop him from following me.

I will pay the ticket but change the muffler before the court date and take a picture of the muffler afterward showing that since I just got the car and it was the first day I drove it, on a monday when my mechanic doesn't work, I didn't have the chance to change the muffler. Don't worry it's not a tinny sounding muffler, it's very full bodied for a little crx. Thanks for the advice and hopefully I can get off or atleast lower the price of the ticket because of my reasonable excuse.

Atleast I now know the facts and I'm not going to go in there trying to tell the officer his job in that situation. Effing cops in new york! I got pulled over 3-5 times-not sure which number- with my old crx for the same issue in the next town over and they always just gave me warnings.

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ANTE UP!
PostPosted: Tue Mar 06, 2007 9:03 pm  Reply with quote
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What is there a hole in your exaust or is it just normaly loud cause it's a stick?

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cris
PostPosted: Tue Mar 06, 2007 9:13 pm  Reply with quote
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Hob took the restrictor plate off to give the Red Dragon a little more juice. But it's not exactly street legal, so keep it on the down low.

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Hobthebob
PostPosted: Wed Mar 07, 2007 2:07 pm  Reply with quote
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it has a modified muffler on it which causes it to sound a bit louder.

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Audhumla
PostPosted: Wed Mar 07, 2007 5:26 pm  Reply with quote
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Last edited by Audhumla on Thu Mar 08, 2007 5:37 pm; edited 1 time in total

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Monster Man
PostPosted: Thu Mar 08, 2007 3:30 pm  Reply with quote
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Get a new car.

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ANTE UP!
PostPosted: Thu Mar 08, 2007 4:03 pm  Reply with quote
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Monster Man wrote:
Get a new car.


Why would he want a new car when he want's it to sound loud?

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Foxtrot
PostPosted: Thu Mar 08, 2007 7:42 pm  Reply with quote
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Get something thats more of a sleeper car.

Nobody 4 blocks away needs to know that you've got a small penis. Besides the fact that you can't socialise in a car like that, its all enhaust noise and no conversation.
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PsychoP.O.
PostPosted: Thu Mar 08, 2007 9:28 pm  Reply with quote
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Hob,
I can't speak for your state, however I can give you the benefit of a little experience since I am a cop in Nevada. When the law/ordinance states "highways" of any State/County/City, it means "public roadway" so don't take "highway" to litteraly. As far as a decibel meter, no, police are not required to use them. In Nevada, any vehicle that has been "modified to increase the noise level from stock" is technically unlawful. So if I see a aftermarket muffler on a car, and it sounds "loud" in my "professional opinion" I can stop it and cite the "driver."
The best part is, that I cite the driver, even though he may not be the owner...
We can pull over every car with a loud exhaust, but if I did that, then I would not be available to handle other high priority calls. That said, when I do come across a loud car that annoys me for exhaust/music (if heard from 50 feet music is too loud.) and I'm not busy (bored) then I pull it over and see who is inside. If polite and not a scumbag, they usually get a warning for the muffler/music. If they are an ass or just annoy me they get written for everything and I give them different court dates for each infraction. (yes I can be a real ass if annoyed)

Hope that clears up a little confusion, if not let me know.

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-SoldierBoy-
PostPosted: Fri Mar 09, 2007 12:10 pm  Reply with quote
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Hobthebob
PostPosted: Fri Mar 09, 2007 12:23 pm  Reply with quote
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PsychoP.O. wrote:
Hob,
I can't speak for your state, however I can give you the benefit of a little experience since I am a cop in Nevada. When the law/ordinance states "highways" of any State/County/City, it means "public roadway" so don't take "highway" to litteraly. As far as a decibel meter, no, police are not required to use them. In Nevada, any vehicle that has been "modified to increase the noise level from stock" is technically unlawful. So if I see a aftermarket muffler on a car, and it sounds "loud" in my "professional opinion" I can stop it and cite the "driver."
The best part is, that I cite the driver, even though he may not be the owner...
We can pull over every car with a loud exhaust, but if I did that, then I would not be available to handle other high priority calls. That said, when I do come across a loud car that annoys me for exhaust/music (if heard from 50 feet music is too loud.) and I'm not busy (bored) then I pull it over and see who is inside. If polite and not a scumbag, they usually get a warning for the muffler/music. If they are an ass or just annoy me they get written for everything and I give them different court dates for each infraction. (yes I can be a real ass if annoyed)

Hope that clears up a little confusion, if not let me know.


LOL you must love your job. Yes it definitely clears things up. I have one more question for you though since you handle these things being an ociffer. Since I just got the car and I was on my way to help my friend look for a job and I knew I needed to fix the muffler and windshield, -which had a crack in it- if I replace those two things on my car asap and of course before the court date, will the judge understand that I had planned on doing so in the first place and that 1. it was monday and my mechanic is not open, and 2. I planned on replacing the muffler and windshield as soon as I was able to. 3. I got the car registered the day I got the ticket so I had no opportunity to take it to get fixed beforehand.

Or will the judge tell me I should have waited until tuesday to take it on the streets to get it fixed?

Basically do you think a judge would be sympathetic to my case or not based on your experience.

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PsychoP.O.
PostPosted: Sat Mar 10, 2007 11:55 am  Reply with quote
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I really believe that if you get the problems fixed before you go to court, that any judge would go very easy on you. Here in Las Vegas, both of those are "fix-it" type things and if you have them "fixed" by your court date, then it gets dismissed if your 1st offense.

I would also suggest, that after getting it fixed, go to the local police station and ask an officer to inspect the "fixes" and sign your citation stating that they were in fact fixed, and ask him to date it. Then when you go to court, you have a official attesting that you have complied with the law.

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Here moron, have a tall, cold glass of STFU!

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Hobthebob
PostPosted: Sat Mar 10, 2007 6:37 pm  Reply with quote
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Thanks man, that helps out a lot.

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