Quote:
Originally Posted by mav1178
Don't have to worry? Or is it just a simple matter of cops not enforcing the law?
I can't think of a single state that allows you to blatantly modify whatever you want in the engine bay. Just because there's no inspection doesn't mean it is legal.
You guys also don't have to worry about a landscape that contributes to some of the worst smog problems in the US.
I do understand it.
I got one ticket that I fixed because of modified emissions (non-CARB legal header).
I got one ticket that was dismissed because the officer applied the wrong provision. On the second ticket, they did not write me up for the first infraction, but rather wrote up the "do not drive until it's fixed" provision. This one was applied in error.
There is no passing judgment in my case, and I really still think the law is written clearly:
Get modified emissions ticket, get it fixed or written off.
If you get pulled over again without getting the first ticket fixed or written off, you will get a different ticket.
The officer wasn't tripping, they were enforcing the VC exactly as it was written. Nowhere in the VC requires a conviction to trigger VC27156(f) to apply... so no one is tripping here.
-alex
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It doesn't HAVE TO BE WRITTEN...
You obviously DON'T get it. It doesn't have to be written in the VC for that to be an unlawful application. It is inherent in our justice system and the way it is supposed to work.
To have a law (VC) that allows them to cite you for something that is contingent upon another citation that has not resulted in a conviction is adherent to the very core of what our justice system is supposed to represent (i.e. innocent until proven guilty).
If for example, another cop were to have pulled me over before I had had my court date and before I had had my exhaust level tested and I informed him that I am in the process of contesting a violation of 27150a and he wrote me up for that other violation, both would end up getting thrown out. It is WRONG that he even has the authority to write it up, or that he is trained to write it up in the first place as I've stated it is adherent to the core of our judicial system.
All in the name of stopping non existent and uncontrollable even if it weren't, GW.
Jaden