I was pulled over in August at a red light for having an aftermarket muffler. The cop told me that any aftermarket exhaust modification is illegal in Va. It was a pretty obvious case of profiling if you ask me. My court date was set for Oct 20. Then it was put on continuance till Nov 28. Then again it was put on continuance till Dec 20. This isn't freaking triple homicide, it's a damn stainless steel muffler that is VERY quiet.

Oh well, question is, I'm SICK of this crap. If I just pay the $60 fine, then what? Do they ask for a receipt saying I took it off? Do I have to go to an inspection station? Or is the case just shut? BTW, SOME cops just MAKE ME SICK!!

 

I'm no legal expert, but I question whether or not "any" exhaust modification is illegal in your state. Does this mean you have to use the same exact muffler when the original rusts off your 78 Malibu? I doubt it. I'd check the laws, which may be available online somewhere.
The chapter and section should be on the citation. Usually there are noise restrictions that are enforced at the highway patrol level.

He may be correct, but it kinda sounds like a "from the hip" quote of the law, which does happen on occasion. I have many friends who work in law enforcement, and you'd be very surprised how few actually know the details of silly traffic laws like the one you supposedly violated.

Another thing I've learned from my friends: If you present yourself well and present your case respectfully, chances are they'll throw it out. It's easier to get along with them than fight.

Good Luck

 

I'm in Mo County, MD and the cops get crazy on me about my lighting all the time, but the worst I ever got was a REPAIR CITATION and 30 days to fix it!! I think the cop should've gave you one of those too, but I'm not really familiar with VA laws and such but I now they're very hard on "Importers"!!! you'll have to remove it and then let ANY VA cop you see check out your car to validate the ticket and thats it!!(thats how it goes in MD) good luck, and don't worry about it so much, its not like its $250 ticket that I got for "racing"!!! damn cops I remeber your car from the meet on Saturday, it'll be a shame to lose that muffler!! good luck man!

 

My first response to you would be to move out of Virginia, but i guess that's not reasonable. That state drives me CRAZY with all their silly traffic laws.

If your car passes state inspection there is no reason why it should be illegal. During the inspection they check the emissions and if it's very loud they won't pass it, at least in NC.

I can't imagine that the DA would even allow this ticket to stick, it's a waste of the court's time. Ask to have it dropped. I don't imagine that it's a moving violation, so the most you have to lose is the fine and court costs.

I'd call a lawyer (I get so many tickets that I keep his cell phone on me at all times) and quiz him. WHo knows, they may execute people for such a serious infraction in VA but my guess is that it's a bull**** ticket and the cop was more interested in harrassing you than anything. I'd be pretty farking warmed up if I got a ticket that silly. I got one for disguising the plate on my bike that REALLY burns me. The worst part is it's a class 2 misdemeanor in this state with mandatory court appearance. Gave my lawyer $100 to make it go away; he's the man.

 

Yo, what's up man. Thanks for the reply. I think I got everything cleared. I talked to the court clerk today. She said that I could just pay a $60 fine, and that they wouldn't ask to inspect the car or anything. Haha...those po po's aint gonna touch my muffler...LOL.

 

Here's my 2 cents although I'm not licensed in VA, I am a licensed atty and agree that if you want to fight the ticket, you need to get a copy of the statute you allegedly violated. Usually a muffler/exhaust ticket is a non-moving violation so it's not a big deal and willnot affect your insurance. If it's only $60 you can just plead GUILTY and pay it. You could fight the damn thing but it depends on how much you value your time. They do not usually require reinspection to make sure you changed your exhaust but you are now known to this cop as a noisy vehicle and he may keep giving you tickets if it's a smaller town. SOunds like you decided to pay it-by paying it, you're guilty and you're done {unless you plead no contest and pay it :-), which I always recommend so it can't be used as a precedent if you're pulled over again!}

 

Yup. Since the cop is wasting your time, I would make the cop waste HIS time also. Get a court date and have the cop suponaed.
If the cop shows up, break him down w/ the law and make him look dumb. The other guy had it exactly right. If oem mufflers are the only legal ones, how does Midas etc.. stay in business??

If the cop doesn't show, just motion to dismass and leave.

Either way, it's less than the $60. And it's very satisfing!

 

Wait, so I should write "No contest" on the check? What is the diff between guilty and no contest? Either way, if I then pay the fine, am I done with court? Please help, I appreciate it

 

I think "No contest" means you are not admitting guilt or responsibility for the ticket. You're just paying it b/c you can't be bothered.

 

So if I do that and pay the fine, then I'm done right? Don't have to go back to court or anything?

 

I agree with CycleMAx AGAIN. We Sound like Bush and Gore in their 2nd debate. Anyways, no contest means, you're not pleading guilty or admitting to the infraction but are just paying the fine to make it go away. You can just write "no contest" on the ticket and check and you may want to contact the county/city presecutors office and tell them you will plead no contest and see what they require to make the plea. Even if you plead guilty it's not that big a deal since it's a non-moving violation. Someone else above had a BAD IDEA. You NEVER subpoena a cop for a piddly sh*t ticket to make him look dumb. You only subpoena witneeses for evidence that will support your case. You shouldn't subpoena him and hope he doesn't show up b/c he is the state's witness and w/o him they have no case and charges are then DISMISSED.

 

Why not suponea the cop?? I have every right to if I wish. Here is how it works in Wa. state. If the officer is going to give out a piddly sheit ticket then he should expect it back.

If the cop shows up then you can ask him personally about the muffler law to support your case. Again ie.. if aftermarket mufflers are illegal, then how does Midas etc.. stay in business? They do NOT use oem mufflers. The cop is supporting his case, correct?

If the cop does NOT show up, then you can motion to dismiss because the state does not have a case agaist you.

How are either of the above two bad??

Also if you do NOT suponea the cop, the state has the right to use the officer's instead. It's hard to x-examine the officer's notes the last time I checked.