hey maxima ppl..
well, make long story short, I got ticket today for speeding and having aftermarket exhaust.
I was going little over speed limit on down hill, and cop wrote me 36 on 25. I have no idea how he got that 36. On the ticket it said SMD. does anyone knows what that mean?
And cop also gave me ticket for having after market exhaust. I have apexi dunk. It's state legal and not a full cat back, only an exhaust. On ticket, cop wrote it as detective exhaust 1st.
I showed him the paper which saying apexi dunk is all states legal, but he said as long as i don't have stock exhaust, it's illegal, and if i have problem with it, take it to the court..
BTW, i have radar detector, and cop saw it too, I thought ticket will double. hmm. well need some help about prove that exhaust is legal, and also, how can i possibly low or drop the speeding ticket. Thanks in advance..

 

Yes, it's illegal to drive around with a defective exhaust. Maybe that cop was a rookie and probably thought it was busted b/c of the loud noise... Or he gave it to you intentionally to make you go to court..
Find out if it is really legal... If it is, file a civil lawsuit.

 

A civil lawsuit?? What are you TALKING about? What, exactly, would his losses be? Who would you have him sue??? Jesus.

If the exhaust is legal, then the ticket will be dimissed. End of story.

SMD just stands for "Speed Measuring Device." Could be laser, radar, etc. You probably will not win this one. But if your exhaust is legal, then go to court and win on that one.

/aac

 

His loses would be that he could of simply paid the SMD through the mail and wouldn't have had to spend his precious time spending hours in court fighting a bogus ticket.
Just put yourself in his situation.... Would you want to take time off from your job or school or whatever to go wait hours in a courtroom. I'm just suggesting that he uses that court date to his advantage.
Alright maybe I went overboard with the civilsuit idea. I admit it but things like this **** me off.
I live in NYC and the cops here are jerks. They'll do these kind of things just to make you waste time attending court. 99% of these cases are always dismissed b/c the cop will never show. I guess you never had a cop abuse the law against you b4.


Here's a recent one!!

http://forums.maxima.org/showthread.php?threadid=23158

 

that apex muffler is totally legal, in all 50 states. that cop was just being a *****. GOD I HATE COPS! SUE HIS ***! DIE DIE DIE...sorry, too much sugar

 

Finally......A supporter to my beliefs.

 

thanks for you guys comments..
My exhaust is not loud at all, it's more close to stock sound, so I don't understand why cop thought it was defective..
Luckly I only got ticketed for 2 things, but guess what tho.. I got 3 warning that this nice cop kindly wrote it down for me.. He wrote that I have amber light on turn signal.. hum.. having neon light tube kit inside car.. umm.. having expired insurance card which was only 1 day past..
I just have one more question for you guys, should i ask for mitigation hearing or contested hearing??

 

I just have one more question for you guys, should i ask for mitigation hearing or contested hearing?? [/B][/QUOTE]

Hmmmm..... That's a tuffy.... The smart thing to do would be to go for the mitigation but having a bad temper like me, I'd contest.
Why don't you ask if you can mitigate it and if they refuse then contest. Do they allow that?

 

uhhh whats the difference between those 2? i have a traffic ticket court date coming up and i have no idea what to do...im thinking about getting a lawyer but $350? for a 50/50 chance at winning???

this happened in queens....it was probably bogus because he caught me doing 50 in a 30 right before a red light??

 

Can you file a civil lawsuit?
Answer is: You can file any kind of lawsuit but this sounds frivolous and no attorney would file it on your behalf of he/she would lose their legal license and be sanctioned under §8 of that states laws.

Should you try and mitigate?
Answer is yes. Always attempt to mitigate/argue your case as you are more apt to get a beneficial result. It cannot be worse than what they have already charged you with.

Should you argue your muffler violation?
Answer is yes and you can win. Log on to Lawworld.com and look at the state statutes for your state's motor vehicle laws. Exhaust is usually under motor vehicle equipment. Copy the applicable state statutes and read them before going to court. Present a highlighted copy to the judge as evidence (ask "your honor" to do this first).

Good luck.

 

I was not trying to be offensive, I just think (to borrow your words) a lawsuit is overkill. This country is WAY too litigious and I DESPISE the fact that everyone thinks suing somebody else will solve the problem. No wonder insurance rates and product prices are so high. No wonder lawyers are so busy. No wonder people are terrified to innovate because they're afraid of being sued. I just hate the sue-happy attitude, I wasn't sniping at you directly.

The cop is not abusing the law -- he's just being an idiot/*****. So go to court and win. That's why we have a justice system -- to keep the cops in check. Some of my best friends are cops (and damn good ones) .. and I respect them a lot. But you are right, just like in any other field, it has its share of jerks.

I say, bite the bullet (hopefully not literally) and he goes into court that day. If he's lucky he might get both thrown out. If not, he brings the exhaust papers in and at least gets the exhaust one thrown out. This is so clear he doesn't even need a lawyer.

Just my opinion,
/aac