Ticket

Energy One

scubaman15

Well-Known Member
Cops around here used to pull alot of motorcycles over for loud exhaust. Since I sat as acting judge in the local municipal court about twice a month, the lawyers would continue their cases until I was on the bench. My rule was the law as applied to Harley's was unconstitutional and would dismiss the case. Jap bikes got court costs only! The cops didn't like it but there was really nothing they could do. In the last 5 years though I haven't seen one ticket for loud pipes. Maybe they have just given up.
Very Cool :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers: :cheers:
 

chacha

Chaff Your EHC!!
Calendar Participant
Lup's posted article said;

They say police are your best protection, and maybe they are when they hold tight to the truth that they are there to serve and protect you, and not themselves.
Rule 1: The police can NEVER protect you. They can only enforce the law and fill out the paper work over a dead body. Get a permit and carry your own protection.

Rule 2: Most cops are decent folks, but some are crap and on ego trips. These are the sorry fucks that pull you over for pipes, plates, and helmets.

Rule 3: Cops just enforce the law and when they decide to stop you, your response can decide if a ticket will be written. Arguing with them is useless. Take it up in court. For example, in VA there is a lawyer in Richmond that will fight helmet tickets for nothing since the law is so crappy. Most cops ignore it -- the ego boys write it up. Fuck 'em

Why do I say these things? I use to be a Cop...
 

KnotSo

Admin
Staff member
I have found that I need to put the cop at ease, then I try to make him laugh, and usually do nothing to "set him off".

The time to argue your case is in court. I will then have done my homework.

In this state, the cop need not be in court as his written statement is his testimony.

Take it to court, there will be many non Mongels in there with you and the judge will see the diff, and being a business owner will not hurt either.
 

Fibersnake

Banjo Playing PsychoBilly
Chacha wrote "your response can decide if a ticket will be written. Arguing with them is useless"

Very very true. Best to be nice, do not bend over, let them do their job and take it to court if you think they were wrong.

Me and a bud were taking a dryer back to his house one late night. Had it in his trailer and we got pulled over. My buddy was black and I was not dressed in a suit. Anyway his excuse was that he thought the trailer lights did not dispay right. He check them and they did. Asked a bunch of questions about what we were doing and what not. Mainly trying to figure out why we were taking a dryer somewhere after mid-night.

He kept prodding but we just gave him the answers once for we knew he was being a pain. After it was all said and about done, the officer ask my buddy if he minded if he checked inside the vehicle. My buddies response was not a problem once he gets a magistrate to issue a search warrant.

Of course the officer just got pissed and went on why we would not want the vehicle search, what were we hiding and shit. We were hiding nothing nor did anything wrong or illegal. Buddy told him nothing it is just that he wasn't going to let him volunterily and if he wanted to he could do his job and somebody could convince a magistrate that there was probably cause.

Of course his buddy showed up and then they tagged team. They were not bad per say, just wanted to cut the requirements and not push for a warrant. They finally were convince that we had no where to go and where willing to set there all night if they wanted to get a search warrant. Then they called back to the office and I guess after awhile that there higher ups were not convinced enough to go wake up a magistrate to gather a warrant to search, they let us go after being there for over an hour. Was funny but pushing the limit at time, but he felt confident as I did too. We both still laugh about that one. Of course the wives were called before they even stopped us to let them know we were going to be late due to Camden County NC Sheriffs pulling us over. That and at the time between him and me we had over 30 years of LE experience on the Maritime LE side.
 

Roaddawg

Well-Known Member
Okay, as a recently retired LEO and motor officer I can attest to the following.

1. Some cops (even those on motors ) don't like bikers at all. I have worked with them. They don't ride themselves, other than the work bikes and they go after other bikers for anything under the sun.

2. In court, the officer is going to have to testify as to what equipment he used to determine the exhaust was too loud. For example, we were required to use a decibel meter, at 18", at a 45 degree angle, at 2000 rpm (not using the bikes tach) with no buildings, facades, walls etc. within 20 feet. Plus, you had to prove you were properly trained to use the equipment. This is why, in 25 years of police work, I never wrote a loud exhaust. But, on more than one occasion I observed other officers write the summons, without the use of any required equipment, figuring 90% of the people pay by mail, and the other 10% will be dismissed if they ask for a trial.

3. We didn't have a helmet law, so that did not apply. However, the neighboring state did and often conducted "helmet checks". It was primarily one officer who did this, over and over and over. Enough people contested their tickets and the court finally stated that a biker cannot be stopped for a "helmet check". The court determined that there was no probable cause to stop a biker just because and officer thought the helmet might not be DOT approved. the officer continued and the court found him in contempt and he was summarily disciplined by his agency.

hope it helps. I add this because I put in 25 years in what I believe is one of the greatest (and most fun) professions that exists. I, along with 90 percent of my brothers and sisters, conducted ourselves with integrity. We treated everyone, good, bad and otherwise, with respect. Yes, there were times that it might change, but that was due to the subject response (ie. assaulting us ). I worked more than 20 years worth of Laconia motorcycle rallies and cut breaks to just about every biker there was.

Occasionally some idiot would get out of hand, but if that was the case, I often gave them options. For example, if someone was stupid enough to do a wild ass burnout, in front of me, in the roadway within feet of thousands of onlookers, some who were drunk enough to do something stupid like step in front of the burnout king, I was required to do something. More often than not, the biker had been sucked in by the chanting crowd. So, the options were:
a. get a $200 ticket
b. get the bike towed
c. do pushups

More likely than not, the guy (or gal on occasion) opted for pushups, on the side of the road. The crowd would count, the rider might pump out 10 to 20, everyone cheered and the biker learned not to let the crowd get him in trouble. By working with all the people involved, no one got hurt, an angry mob didn't riot (which is always the potential with alcohol, crowds and bike rallies) and every had a good chuckle. I did something, becuase I was forced to act. The biker was happy, he didn't have a big fine nor was his bike towed, and the crowd was appeased.

So, most cops use discretion. Alot of us are riders. But there is always that 10%, in any group and any profession.
 

txchopperguy

Well-Known Member
I will have to wait to see if I can just write a check. Both violations are a fix-it ticket he told me. The second cop that pulled up to see me said it was a very nice bike. He looked like he felt bad I was given a ticket by the other asshole.
He told you they were fix-it tickets becuase he wants you to mail it in and not contest anything...he probaly also knows if you contest it he may not have a leg to stand on. Sounds like he is bluffing...CALL IT!
 

LARS

sippin & cruzin
I agree 100%,their are good cops,and their are assholes,My wife got a ticket for doing 80 in a 65 by a NYS Trooper ,working out of Somers barracks(just in case anyone is reading this,he is an ahole),I had just gotten out of the Hosp.after 4 days due to back surg.,I called the barracks about an hour after he gave the ticket,his reply was to plead not guilty and he'll take care of at the hearing,court date comes a few months after,I go to talk to him,show him my badge,does a 360 on me dosen't remember talkin to me on the phone,after talkin a few we agree on a inoperable speedo.$110. fine,no ins jump,so thats cool,but i saw the prick a few days later at a local eatery,tries to shake my hand,of course I do not extend but I did let him know that if on my way home from a 4x12 if I see him rollin with some drunk I'm gonna honk my horn and wave.POS,so point being there are good and there are bad,anyway fight the tix,just do some homework so you know what yer talkin bout:cheers:
 

Fibersnake

Banjo Playing PsychoBilly
Come to think of it, just like Barhopper-my BD came with MM when I bought it so never even heard it stock. The MM does have some baffles in there and I can not find anything on the pipes that say along the lines of "For Off Road Use Only".

So I take it has stock option-fight the ticket!
 

Cephus

Well-Known Member
This sucks to hear(read), and Officers who write BS tickets piss me off. In my professional opinion it may be easer to contact the DA's office and talk with the DA prosecuting the case. Unless they don't have an open door policy. This way you can at least explain to them the circumstances, and possibly get dismissal form. I also have a feeling the court is going to be swamped with the tickets, and arrests made that day so whatever the DA can do to lessen his work load, they'll do. I hope this helps.
PS....you can buy DOT helmet stickers on E-bay to put on your helmet. :D :D
 

Cutter

Well-Known Member
Good Luck Barhopper, the hassle is going to suck...
That said, I would have a difficult time walking away from something that sounds like total BS by the police.
It def sucks that the police brought you into their situation with the Mongles.:down:
 

Xodus

Member
It def sucks that the police brought you into their situation with the Mongles.:down:
i'd say the mongols created the problem... citizens complain, cops gotta do something - sucks that you got caught in the net though


+1 on getting a continuance to another day - if you show up w/ the gang members you're probably not going to get much of a break


...and for what help it may be:

EXHAUST:
California state motorcycle laws
Maximum allowable A-weighted sound levels based on measurements taken at a distance of 50 ft from center lane of travel:1)Pre-1970..92dba; 2) After 1969, and before 1973...88dba; 3) After 1972, and before 1975...86dba; 4) After 1974, and before 1986...83dba; 5) After 1985...80dba (27201-27202. Motorcycle Limits).
V.C. Section 27150 - Adequate Muffler Required
Adequate Muffler Required
27150. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
V.C. Section 27151 - Modification of Exhaust Systems
27151. (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified.

(b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment.

V.C. Section 27150.7 - Dismissal of Prosecution
Dismissal of Prosecution
27150.7. A court may dismiss any action in which a person is prosecuted for operating a vehicle in violation of Section 27150 or 27151 if a certificate of compliance has been issued by a station pursuant to Section 27150.2, or if the defendant had reasonable grounds to believe that the exhaust system was in good working order and had reasonable grounds to believe that the vehicle was not operated in violation of Section 27150 or 27151.

and for the dismissal, the following is what the dmv website had for that:
27150.2. (a) Stations providing referee functions pursuant to Section 44036 of the Health and Safety Code shall provide for the testing of vehicular exhaust systems and the issuance of certificates of compliance only for those vehicles that have received a citation for a violation of Section 27150 or 27151.

(b) A certificate of compliance for a vehicular exhaust system shall be issued pursuant to subdivision (a) if the vehicle complies with Sections 27150 and 27151. Exhaust systems installed on motor vehicles, other than motorcycles, with a manufacturer's gross vehicle weight rating of less than 6,000 pounds comply with Sections 27150 and 27151 if they emit no more than 95 dbA when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998.

(c) An exhaust system certificate of compliance issued pursuant to subdivision (a) shall identify, to the extent possible, the make, model, year, license number, and vehicle identification number of the vehicle tested, and the make and model of the exhaust system installed on the vehicle.

(d) The station shall charge a fee for the exhaust system certificate of compliance issued pursuant to subdivision (a). The fee charged shall be calculated to recover the costs incurred by the Department of Consumer Affairs to implement this section. The fees charged by the station shall be deposited in the Vehicle Inspection and Repair Fund established by Section 44062 of the Health and Safety Code.

(e) Vehicular exhaust systems are exempt from the requirements of Sections 27150 and 27151 if compliance with those sections, or the regulations adopted pursuant thereto, would cause an unreasonable hardship without resulting in a sufficient corresponding benefit with respect to noise level control.
NOISE / EXHAUST TESTING PROCEDURE:
V.C. Section 27200 - Vehicle Registration and Sale Prohibitions
27200. (a) The Department of Motor Vehicles shall not register on a dealer's report of sale a new motor vehicle, except an off-highway motor vehicle subject to identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise exceeding the applicable noise limit at a distance of 50 feet from the centerline of travel under test procedures established by the Department of the California Highway Patrol.

(b) The Department of Motor Vehicles may accept a dealer's certificate as proof of compliance with this article.

(c) Test procedures for compliance with this article shall be established by the Department of the California Highway Patrol, taking into consideration the test procedures of the Society of Automotive Engineers.

(d) No person shall sell or offer for sale a new motor vehicle, except an off-highway motor vehicle subject to identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise exceeding the applicable noise limit specified in this article, and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574).

(e) No person shall sell or offer for sale a new motor vehicle, except an off-highway motor vehicle subject to identification as provided in Division 16.5 (commencing with Section 38000), which produces noise that exceeds or in any way violates the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574).

(f) As used in this section, the term "register" is equivalent to the term "licensing" as used in Section 6(e)(2) of the Noise Control Act of 1972 (P.L. 92-574).
V.C. Section 27202 - Motorcycle Limits
27202. For the purposes of Section 27200, the following noise limits shall apply to any motorcycle, other than a motor-driven cycle, manufactured:


(1) After 1969, and before 1973 .............................................................................................88 dba

(2) After 1972, and before 1975 .............................................................................................86 dba

(3) After 1974, and before 1986 .............................................................................................83 dba

(4) After 1985 ............................................................................................80 dba




HELMET:
V.C. Section 27802 - Safety Helmet Regulations
27802. (a) The department may adopt reasonable regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles as it determines are necessary for the safety of those drivers and passengers. The regulations shall include, but are not limited to, the requirements imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include compliance with that federal standard by incorporation of its requirements by reference. Each helmet sold or offered for sale for use by drivers and passengers of motorcycles and motorized bicycles shall be conspicuously labeled in accordance with the federal standard which shall constitute the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards.

(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which is not of a type meeting requirements established by the department.
V.C. Section 27803 - Safety Helmets: Required
27803. (a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.

(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).

(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).

(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.

(e) For the purposes of this section, "wear a safety helmet" or "wearing a safety helmet" means having a safety helmet meeting the requirements of Section 27802 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement.

(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.

(g) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.
GOOD LUCK!
 
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