| 9secdream |
Hello i had brought this up awile back i was just checking in to see if any one lately have fought this ticket and won.
if so do u have the case num etc etc
thx
db
ENLARGED MUFFLER |
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| McFly |
shawn won twice i believe but only because he prooved to the judge his muffler did not have an enlarged tip.
ie. 3 inches in and 3 inches out.
if it is 3 in and 4 out you would be screwed. |
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| dtjohnst |
He posted his entire argument here, and it had nothing to do with size in vs size out.
The way he argued it is that the tip doesn't matter. The "exhause outlet" is the hole on the muffler where the tip attaches. As long as you don't machine that hole wider, he argues you've complied with the law. |
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| 9secdream |
| you guys dont know his 780tuners name so i can p.m him and get some more info |
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| jzz30tt |
quote:
Originally posted by dtjohnst
He posted his entire argument here, and it had nothing to do with size in vs size out.
The way he argued it is that the tip doesn't matter. The "exhause outlet" is the hole on the muffler where the tip attaches. As long as you don't machine that hole wider, he argues you've complied with the law.
I've read the law and i have to admit that that does seem to be the way the law is written. It makes reference to the outlet of the muffler not being allowed to be enlarged. Just prove that the muffler came with the same size hole for the outlet as it currently has.
"A person shall not drive or operate a motor vehicle propelled by an internal combustion engine if the exhaust outlet of the muffler has been widened."
It reall does seem to say that it's only illegal to actually change the size of hole that the muffler came with.
:dunno: |
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| 9secdream |
| of course iam going to agure that but it makes it alot easier to win the case, if you have files of people who have won before. anyone know anyone else? |
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| Soulfly |
his name is 'shawley' :thumbup:
BTW.. I Tryed to Fight it.. and lost.. |
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| shawley |
i beat it twice
because the exhaust outlet of the muffler can not be widened
says nothing about the final exhaust outlet, or muffler tip
4kruzn really helped me out with that one, with the info i need to do reasearch on it
if you have time fight it, if your gonna miss out on a day of work and you get paid over $15/hr it's not worth it to miss work just to beat the ticket,
i just changed my exhaust to a 3inch in and out muffler, that is not shiny at all, same size as my other ones but not chrome, and not shiny, and so far no tickets in 8 months |
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| 9secdream |
| well thats good to know do u have any info on your case file number etc so i can get some more info on it? |
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| dtjohnst |
| I don't think you'll need case numbers. It's not like you've been charged with murder and you're trying to show precedent for certain situations. A simple "some guys I know were in the same situation and like I did, they just explained they interpreted the law this way and the judge agreed with them" should be sufficient. |
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| 9secdream |
| if i have the files and show the judge that makes it alot easily instead of word of mouth |
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| SilverNeonRacer |
quote:
Originally posted by dtjohnst
I don't think you'll need case numbers. It's not like you've been charged with murder and you're trying to show precedent for certain situations. A simple "some guys I know were in the same situation and like I did, they just explained they interpreted the law this way and the judge agreed with them" should be sufficient.
When I was prep'n for my day in court I read somewhere that if you wanna cite another case, you need the docet # or whatever and bring a transcript with you so both the Judge and crown can read it, otherwise if you just walk in and say, "Ya I know a guy he fought this and won cause the muffler ships from it's manucature with x size diameter outlet, and I didn't modify it from their spec either." Also just citing the other docket/case # won't work, cause they'd have to adjorn or post pone so tehy can go read it. |
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| 9secdream |
yea that was the word
iam going to present the docket to the poscutor before the case and see what they can do for me
anyone with there docket of a case that won????? |
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| dtjohnst |
quote:
Originally posted by SilverNeonRacer
When I was prep'n for my day in court I read somewhere that if you wanna cite another case, you need the docet # or whatever and bring a transcript with you so both the Judge and crown can read it, otherwise if you just walk in and say, "Ya I know a guy he fought this and won cause the muffler ships from it's manucature with x size diameter outlet, and I didn't modify it from their spec either." Also just citing the other docket/case # won't work, cause they'd have to adjorn or post pone so tehy can go read it.
Hmmmmmmm. See, in Manitoba, they wouldn't accept anything from you. They take the info (who it happened to, when they were in court, etc) and adjourn, look up the information and grab their own files on it so they know it's unaltered. If you brought one in, they'd still ask for all the info, and go look it up and read their own file. Guess they're more trusting out here. |
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| SilverNeonRacer |
quote:
Originally posted by dtjohnst
Hmmmmmmm. See, in Manitoba, they wouldn't accept anything from you. They take the info (who it happened to, when they were in court, etc) and adjourn, look up the information and grab their own files on it so they know it's unaltered. If you brought one in, they'd still ask for all the info, and go look it up and read their own file. Guess they're more trusting out here.
It might have some official stamp on it that's hard to duplicate. I dunno never had one pulled, if you had a transcript it would have all the info on it, and if they read it and something seems "funny" they could always use the info on the transcript to pull it up in their systems, and compare the two. |
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| luftwaffe |
I fought and lost mine with the "not altered" argument, the prosecutor countered with "larger than stock size". Pointing out that the wording of the law does not mention any restrictions compared to stock exhaust size also got shot down based on prosecutor's interpretation of the "spirit of the law".
At least I tried ... |
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| 9secdream |
| wow alot of people lose against this my first one i had my lawyer got me off on but i want to handle this one on my own so anyone who beat it?? |
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| SkiTLz |
quote:
Originally posted by 9secdream
wow alot of people lose against this my first one i had my lawyer got me off on but i want to handle this one on my own so anyone who beat it??
You had a lawyer fight a $100 ticket with no demerits attached? I hope your not a financial advisor. |
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| 9secdream |
there was another ticket with it stunting
which i didt feel like haveing the demirts taken off |
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| 9secdream |
| any other ppl fighting this tickets |
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