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Old 12-05-2010, 12:06 PM   #15
moiy1983
 
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Well I hired a lawer to represnt me. the court date will more than likly be reset and i will defintly keep everyone up to date! Thanks again for all the support!
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Old 12-05-2010, 01:44 PM   #16
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Man all I can say is as a combat vet, gun owner, Harley riding biker, my hearing is pretty shot! How ever I have extremely short straight pipes on my Harley and never had anything but compliments! Cops are usually very respectful and cool! Even had a cop pull me over once to thank me for my service and "look over" my bike before complimenting it too. The bike is VERY loud and I think the loudness may keep me from being hit by a texting teen or drunk, it's very startling. Loud pipes save lives! I'd advise your attorney to go with that defense, you can tell him Z28RockStar endorses the use of it!


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Old 12-05-2010, 01:47 PM   #17
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Old 12-05-2010, 03:28 PM   #18
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As police officer here in massachusetts i can pretty much say he was in a very bad mood or you pissed him off.

But if texas state law is the same as massachusetts his citation is legal.

Dont get me wrong im NOT defending his citation, because that is just complete overkill.

But in Massachusetts 90-7 states any modification to factory exhaust is illegal. Its a $35 fine here and not many cops that i know write this,,,,

Ive heard the excuse "its states 50 state legal" they are correct but only for inspection emissons standards.

Massachusetts vehicle laws suck here.....its illegal to modify any exhaust....Aftermarket lighting is 100% illegal....no changing to hids or changing bulb colors.....its illegal to change suspension more than 2" bumper height here too......All these laws are basically ignored unless some one does something to piss you off....or the cop was in very bad mood as quite possible your officer was.

Appeal the citation.....ask the officer for his deciable readings of the exhaust note....ask him for the pictures of the part that made it defective..and when he states he doesnt have them...pull out your pictures of under the car showing that you have both cats and all mufflers and that there are no holes or cracks and is in working condition. You will get that cite wiped right off...Good luck
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Old 12-05-2010, 07:40 PM   #19
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But if texas state law is the same as massachusetts his citation is legal.

Appeal the citation.....ask the officer for his deciable readings of the exhaust note....ask him for the pictures of the part that made it defective..and when he states he doesnt have them...pull out your pictures of under the car showing that you have both cats and all mufflers and that there are no holes or cracks and is in working condition. You will get that cite wiped right off...Good luck
What people aren't understanding here is it isn't a state law. It's a local ordinance. If it is written like the one was here in Killeen, there is no decibel reading required of the officer, and it leaves it totally up to Roscoe P. as to what they feel is excessive noise.
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Old 12-06-2010, 11:38 PM   #20
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CODE OF ORDINANCES City of HOUSTON, TEXAS Codified through Ord. No. 97-1394, adopted November 5, 1997. (Supplement No. 38, Update 5)
CODE OF ORDINANCES


Sec. 30-5. Amplified sound from motor vehicle.

The production or reproduction of sound from amplification equipment contained in or mounted on a motor vehicle that produces sound in excess of the limits set forth in section 30-2, when measured at or near fifteen (15) feet from the nearest external point on the vehicle, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this chapter, except as permitted by section 30-9.


Sec. 30-2. Maximum permissible sound levels.

No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being received that when measured as provided in section 30-8 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:

(1) Residential property:

a. Sixty-five (65) dB(A) during daytime hours.

b. Fifty-eight (58) dB(A) during nighttime hours.

(2) Nonresidential property:Sixty-eight (68) dB(A) during either daytime or nighttime hours.
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Old 12-07-2010, 08:09 AM   #21
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As I understand it, "Amplified sound from motor vehicle," refers to aftermarket stereo systems.

And just FYI, 68 dB is an absurd number. I know that's what it says in the ordinance, but that's just rediculous. Ten people standing around having conversations produces more than 68 dB of sound. So, according to this code, every one of those individuals should be fined because they're breaking the sound ordinance. Complete and total BS.
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Old 12-07-2010, 11:04 AM   #22
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moiy1983, take the above mentioned ordinances to your Lawyer.....if need be, find someone that has the CERTIFIED equipment to take decible readings. you were clearly in a non-residential area. step back the required distance, and take the readings. VIDEO the entire thing with no editing. if ya pass...bring the EVIDENCE with you, plus a certified copy of the certifications of the machine that took the readings, and the person that actually took them as a witness.
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Old 12-07-2010, 04:22 PM   #23
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Good advice Nuke. Then go see the LEO in court. Be sure to take a pic of your current inspection sticker.
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Old 12-07-2010, 08:08 PM   #24
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thanks sir nuke that should be very helpfull. i knew i could count on you guys!....
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Old 12-07-2010, 08:12 PM   #25
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Quote:
Originally Posted by moiy1983 View Post
Well fellas I really need some help. I was on my way to coffe and cars today and I was pulled over for speeding(75 in a 60). Thats not the problem while I was pulled over the officer noticed my car has a aftermarkt exhaust (Corsa) and he noticed the"rumble" of the cam. He said that was illegal and i was trying ask him and explain that it was a cam in the enigne marking that "rumble".He was pissed of that i disagreed with him and he delayed me even more and then all he said was Ill see u in court. he was rude and diddnt care to hear me out. Im not fighting the speeding but what I am fighting is the citation for "defective equipment loud exhaust" & "defective equiptment modified exhaust [fumes]. I been trying to resaerch laws on exhaust and modified engine in texas but have had no luck.
Anyhelp well be much apreciated!
You should take the car to a local State-approved inspection site and get an inspection dated as soon as possible to the date of the ticket.

At least...that's what I'd do. And if you can convince the mechanic to make a note on the legality of your modifications, I'm sure that would help. Bringing documentation of what you've modified may help, too.
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Old 12-07-2010, 09:20 PM   #26
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Quote:
Originally Posted by moiy1983 View Post
Well fellas I really need some help. I was on my way to coffe and cars today and I was pulled over for speeding(75 in a 60). Thats not the problem while I was pulled over the officer noticed my car has a aftermarkt exhaust (Corsa) and he noticed the"rumble" of the cam. He said that was illegal and i was trying ask him and explain that it was a cam in the enigne marking that "rumble".He was pissed of that i disagreed with him and he delayed me even more and then all he said was Ill see u in court. he was rude and diddnt care to hear me out. Im not fighting the speeding but what I am fighting is the citation for "defective equipment loud exhaust" & "defective equiptment modified exhaust [fumes]. I been trying to resaerch laws on exhaust and modified engine in texas but have had no luck.
Anyhelp well be much apreciated!
that poor officer must drive a pinto . let us know how it all turns out ? good luck.
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Old 12-07-2010, 09:32 PM   #27
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The first thing I always do is shut the car off. What he isn't hearing he isn't writing up.
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