| REFLUX |
quote:
Originally posted by jerthehair
Docket #
07586832
Details in this thread:
http://forums.780tuners.com/showthr...;threadid=22643
(jerthehair fought his enlarged exhaust ticket & won)
If I've got this right, here is how the above Docket # will help people with Englarged Exhaust Tickets:
-Go to court to fight the ticket
-Talk to the judge and bring up the above Docket # "as precedent"
-Using another trial as "precedent" helps a judge decide how to rule upon yours. In other words, they use the results of another similar trial as an example and it helps them/influences them in deciding whether your ticket should be tossed or not.
Please help clarify/add details to this if I missed anything. |
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| 2003specv |
| Can't wait to hear of someone using this succesfully as their defense!:bthumbup: |
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| jkilloran |
| so you need to call them ahead of time to tell them to use it as a precedent? OR do you just go into court and they can bring it up? |
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| albertarc |
quote:
Originally posted by REFLUX
Details in this thread:
http://forums.780tuners.com/showthr...;threadid=22643
(jerthehair fought his enlarged exhaust ticket & won)
If I've got this right, here is how the above Docket # will help people with Englarged Exhaust Tickets:
-Go to court to fight the ticket
-Talk to the judge and bring up the above Docket # "as precedent"
-Using another trial as "precedent" helps a judge decide how to rule upon yours. In other words, they use the results of another similar trial as an example and it helps them/influences them in deciding whether your ticket should be tossed or not.
Please help clarify/add details to this if I missed anything.
The docket number listed is not a valid number. There must be a letter in front & a letter behind. The first letter is usually an "A" but the last letter can be pretty much anything. This number 07586832 won't help anyone - sorry to say.
Jimbo:confused: |
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| albertarc |
quote:
Originally posted by jkilloran
so you need to call them ahead of time to tell them to use it as a precedent? OR do you just go into court and they can bring it up?
What you have to do is bring in a copy of the transcript from the Trial so both the Judge (Traffic Commissioner) & the Crown Prosecutor can read it to see if it's pertinent. Then the Prosecutor has an opportunity to say whether or not he / she feels it should be allowed - up to the Commissioner to decide.
It's probably a good idea to talk w/ the Prosecutor before Court (same day) & see if he / she is willing to state the case law is applicable & maybe it will be withdrawn prior to even going to Trial.
Jimbo:drama: |
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| klo |
The docket number is incorrect.
It is missing two letters.
Called Grand Prairie Court House and they could find this docket number.
Also need Defendents name and date of birth.
Must request an "Opens Records Request". |
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| tommyhonda92 |
| I don't know if anybody can help me with this, but I'm wondering if I have any chance in court if I bring this up? ......I got pulled over the other day and the police officer asked me why she had pulled me over. I replied that I did not know. She then replied "don't you think that your exhaust is a little loud?" I did not reply anything as it was really early in the morning and i had just gotten up out of bed 15 minutes before, so I wasn't completly thinking very fast. I just gave her a blank look. She momentarily starred at me and then asked me for my drivers and registration. I gave it to her and she retreated to inside her car. She returned to my window about 10 minutes later, and asked me to get out of my vehicle and stand at the front of it. She then went to the back of my car and crouched down to where my exhaust was at. I couldn't se what she was doing, but after about a minute, she came up to me at the front of the car and told me to have a seat in my car again. She returned to her car and after a few more minutes, she returned to my window with a ticket in hand, and explained that she was giving me a ticket. She did not say for what. She just explained to me the procedures of pleading guilty and not quilty, and that was it. It was for $115. Later in the day, I was looking at the ticket and looked at what I was getting the ticket for. It said that it was for Section 61(2). In the description it said "Muffler outlet" on the ticket. I got confused. So I went home and looked up what section 61(2) said. More confusion. Yes I do have an aftermarket exhaust on my car and it has about a 4 inch outlet on it, but it has a silencer in it. It really is not that much louder than a factory exhaust. You can't even hear it at all inside the car at 100 km/h. This subsection makes no mention of loudness, only size. What confuses me is that I guess I was presuming that she was giving me a ticket for my exhaust being louder than it should be, but was actually giving me the ticket for something else. Shouldn't she have written down Section 61(1) instead of 61(2)? This really is the only dialogue we had with each other. She didn't say I should change it or anything. What I'm wondering, is, if I explain this exact thing in court to the judge, what do you think will be the outcome? If the officer that used to post on here, apparently, still reads this stuff, please give me your opinion. Thank you. |
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