pass referee in cali for loud exhaust...

[Packofcrows]

Gratz bro on the ref. I failed twice on my AE86 because my cable wiring to rear lights was sticking out in various spots. I Micky Moused it. Also, because my tachometer decided to poo on me. 2nd time was because of wires again and exhaust rubber boots issue. Which, I never understood. I was like 20 then.




CA is fine. Its the asshole CHP or just law enforcers you run into. In my own expoeriences, of course.


Yesterday, after teaching class, I decided to go picture hunting. This is when I get in car, yell out excelsior, and go out with my cam to take picks of stuff I think is interesting...then a beer or two.

Anyway, 20min into my drive, I get pulled over for over-revving my TRD equipt exhaust on the FR-S on a semi-steep uphill stop sign in Carmel, CA. If you know the exhaust, its quiet as a mouse compared to what you true enthusiasts have. Not non-existent like the stock exhaust, but little kitty growl. rawr

Officer John Doe, claimed he stopped me because:

...this is a elderly and peaceful community and by causing loud noises and rackets, many of the locals cant continue with their daily lives.

etc..etc...

After checking my FR-S wasn't modified for like 2min, he said to drive it slow and if I don't live around those areas, to not bother those that reside there. Again I over revved pulling from another stop (or else this time, I would have hit his car behind me).

I wasn't even mad. I couldn't stop grinning. I was driving a FR-S. Car I love and enjoy. He probably forgot his coffee.

One thing that made me bit annoyed though was his saliva spraying on my driver side window and me as he spoke.

I had just washed the car early that day.


Now, concerning Texas, I greatly dislike Texas... I've gotten 5 or so speeding tickets by cameras, traps set up by local law enforcement and not having damn sides stating the speed limit on side of road. Example this past December I wen't to visit family down in Monterrey, Mexico (not Monterey one 'r' CA):

a wild speed limit appears! 75mph!

1/4 mile later, a wild speed limit appears! 80mph!

10 ft later, a wild THP appears! You get ticket for being 40mph over the speed limit but he sees you are from CA and you get a ticket stating you were 20miles>speed limit.

You argue you didn't see the speed limit signs back there and you doing 75mph on and 35mph zone was accidental. He tells you to take it to court and bids you farewell. I did speak to local 'Justice/judge' and she lowered my penalty to $350-ish.



Hell, here in CA, lots of foreign plated cars get let off with a warning for being foreigners and even offered a few tips on local transit laws.

Of course, these have been my experiences. You guys in Texas might have positive ones. I don't.


p.s. saw a blue BRZ in Monterey mall on Del Monte, nice car dude! If you read this.

[Toyarzee]

Fantastic thread and debate. I love this forum.

@mav1178 , I'm trying to look up more regulations specific to allowing or refusing a vehicle searches on the grounds for suspecting of modifications to emissions systems or exhaust systems as a whole. If a cop asks you if you have anything done to your car specifically, if you weren't exhibiting speed or driving recklessly to give the officer cause, to what extent are you required to oblige and pop the hood or admit what's been done?

[extrashaky]

Originally Posted by mav1178

If someone is driving around and an officer wants to test, how exactly do they test?

They don't. What an officer wants should be irrelevant. He's not there to enforce his wants.

[s13kid989]

Originally Posted by Toyarzee

Fantastic thread and debate. I love this forum.

@mav1178 , I'm trying to look up more regulations specific to allowing or refusing a vehicle searches on the grounds for suspecting of modifications to emissions systems or exhaust systems as a whole. If a cop asks you if you have anything done to your car specifically, if you weren't exhibiting speed or driving recklessly to give the officer cause, to what extent are you required to oblige and pop the hood or admit what's been done?

I'm pretty sure an officer can only check your engine bay if he thinks a modification has made the vehicle unsafe.

[Toyarzee]

Originally Posted by s13kid989

I'm pretty sure an officer can only check your engine bay if he thinks a modification has made the vehicle unsafe.

What about post #29 and others referenced here: http://www.ft86club.com/forums/showt...t=88126&page=2

[extrashaky]

Originally Posted by Toyarzee

What about post #29 and others referenced here: http://www.ft86club.com/forums/showt...t=88126&page=2

A cop can ask you to open your hood. A cop can ask to come inside your house without a warrant. A cop can ask you to open your trunk or empty your pockets. A cop can ask to search the interior of your car. They can ask you all sorts of things they have no reason to ask.

Whether you're legally required to comply with their requests is a different matter.

[Toyarzee]

Right. So where can I find proper reference of requirements to comply and times you can refuse and how to do so in a politically correct fashion? Basic searches only results in forum heresay and threaded discussions with a large disparity in responses.

[mav1178]

Originally Posted by Toyarzee

@mav1178 , I'm trying to look up more regulations specific to allowing or refusing a vehicle searches on the grounds for suspecting of modifications to emissions systems or exhaust systems as a whole. If a cop asks you if you have anything done to your car specifically, if you weren't exhibiting speed or driving recklessly to give the officer cause, to what extent are you required to oblige and pop the hood or admit what's been done?

You are obligated to comply with their request:

https://www.dmv.ca.gov/portal/dmv/?1.../d2/c4/a1/2806

In my experience, it really comes down to two things:

1) Is the officer your enemy or your friend? This will help you out when asked to pop open your engine bay in terms of how you have a conversation with them. No need to antagonize them, it will just make your stop longer than necessary.
2) Some states and cities are more strict at enforcing emissions laws than others. Live with it and get over it, you'll enjoy your car faster and sooner.

-alex

Edit: there is no "probable cause", because it deals with possible vehicle code violations. If the officer feels one or more items may be in violation, they'll write you up a ticket for it so you can get it inspected or fixed.

[Toyarzee]

So everyone who states under certain scenarios you can refuse to pop your hood when asked is BSing?

Never want to antagonize a uniform of any kind, but usually when a cop asks you to pop your hood, they are not your friend and looking to cite you.

[mav1178]

Originally Posted by Toyarzee

So everyone who states under certain scenarios you can refuse to pop your hood when asked is BSing?

Yes, correct. This is CA law, I'm sure most states have a similar provision in their code.

Never want to antagonize a uniform of any kind, but usually when a cop asks you to pop your hood, they are not your friend and looking to cite you.

Just don't antagonize anyone you want helping you out. If you assume they are not your friend, they will never be your friend.

-alex

[extrashaky]

Originally Posted by mav1178

You are obligated to comply with their request:

https://www.dmv.ca.gov/portal/dmv/?1.../d2/c4/a1/2806

That statute doesn't say that. It says they can inspect if they have reasonable cause. If that's the case, they don't have to ask you, they can just open it themselves and look. The only reason they would ask you to pop your hood is if they do NOT actually have PC and are fishing.

You're never required to open anything for a police officer. Not a door, not a car, not a purse. To require you to do so would be a violation of the Fourth and Fifth Amendments.

[mav1178]

Originally Posted by extrashaky

That statute doesn't say that. It says they can inspect if they have reasonable cause. If that's the case, they don't have to ask you, they can just open it themselves and look. The only reason they would ask you to pop your hood is if they do NOT actually have PC and are fishing.

You're never required to open anything for a police officer. Not a door, not a car, not a purse. To require you to do so would be a violation of the Fourth and Fifth Amendments.

ok ok, didn't realize I was debating with a lawyer.

You are obligated to comply with their request if they have reasonable cause. In the case of the car with the big exhaust canister or something that suggest modified emissions, you're SOL.

-alex

[extrashaky]

And you're still doing such a good job of selling your ridiculous nanny state, where cops just pull you over for any bullshit reasons and demand that you "submit."

[mav1178]

... you do realize that these emissions laws are all over the place, right?

Last I checked, there are no states that will allow you to remove a catalytic converter or install non-OEM aftermarket parts that increase vehicle emissions.

I'm only bringing up CA law because I understand CA law as an enthusiast. Please provide me your state location and I'll do the research, I'm fairly confident there are similar laws in place in your neck of the woods.

-alex