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      09-02-2011, 10:11 AM   #1
SimSimma
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Unhappy Two Tickets For ?????

So on the way to dropping my kids off at the daycare this morning I got pulled over by the police. I knew I didnt do anything illegal so I wasnt sure of the cause.

When the cop approached me he mentioned that I have an improper muffler on my car that's too loud. (I have an Active Autowerke's exhaust on my '08 M3). I asked him how he knew it was too loud. I asked if there was a sound level that my car had surpassed and if he had a decibel metre to in fact deem my car to be too loud. He responds by asking if I can hear any of the other cars passing by. I mention yes and he says that they're not as loud as me. I respond by asking how do you compare a V8 engine to a 4 cylinder car. He doesnt respond but asks me for my information.

After 10 minutes he returns with 2 tickets....one for improper muffler ($110) and one for unnessary noise ($110). He tells me my options which are to "fix" my muffler and the tickets can be tossed or I can proceed to fight them in court which I plan on doing. He finishes by saying, and I quote "I know you have a nice car and like your nice car and I too have a nice sporty car that I like. I have a 1991 Camaro. But I dont need to hear your car. If I see you again I cant write you the same tickets but I will summons you to court where you can do jail time".

WTF!!! At this point I mention that I've lived in the area for over 7 years, have passed numerous police without issue and havent so much as received an infraction in my car of any kind. He says that I havent seen him before and that if he sees me again he will summons me to court.

The kicker is, that this same cop pulled my wife over in her Lexus IS250 for going through a stop sign less than a month ago (which she too is fighting) and he kept mentioning to her stuff about her "nice" car.

So, my question to you fellow M3 owners:

- Have any of you ever received such tickets for your aftermarket exhausts? If so, how did you handle it?
- Have any fellow Canadians (in the Toronto area especially) ever encountered such tickets?
- Should my wife and I file a formal complaint with his division for his behaviour and comments or will this open a can of worms with other cops coming down on us as they do tend to protect their own?

Any feedback you can provide would be appreciated.

Cheers.
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      09-02-2011, 10:19 AM   #2
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To me...and I don't know anything about Canadian laws...it would seem to me, that if his only proof is, it sounds loud, that you should be able to fight this in court.
Unfortunately, the cop sounds like a douchebag that will just make up something everytime he sees you.
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      09-02-2011, 10:20 AM   #3
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Many state laws prohibit "Anything louder than the stock exhaust," so it will really depend on the way the law is written. Start there. It's always better to know what you're fighting against.
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      09-02-2011, 10:24 AM   #4
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Wow, that stinks. I wouldn't fight it in court. You'll just be asking for more trouble, not to mention that cop will have a bulls eye on you from here on out.

Dunno what to say about your exhaust. I guess that is one of the risks with aftermarket?
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      09-02-2011, 10:24 AM   #5
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Thanks for your responses. He didnt have a decibel reader so his interpretation of what's "too loud" is totally subjective. I'm going to investigate the by-laws and see if there's an actual decibel level that is quoted in order for an infraction. Tell me that a Harley isnt louder than me?
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      09-02-2011, 10:51 AM   #6
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he just jelly
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      09-02-2011, 10:51 AM   #7
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Fight it in court. If you loose then so what pay the fine sell the exhaust save up and buy BMW performance exhaust and then drive that shit and when he pulls you over for it tell him thats how it came from the factory with the receipt to your BMW perform ace exhaust in hand lol
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      09-02-2011, 11:09 AM   #8
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Fight it in court. If you loose then so what pay the fine sell the exhaust save up and buy BMW performance exhaust and then drive that shit and when he pulls you over for it tell him thats how it came from the factory with the receipt to your BMW perform ace exhaust in hand lol
Yep, that's one reason I'm buying the PE. If all else fails, I can say it's OEM therefore it must be street legal.

Of course the PE is quieter than other back sections, so this may not Ben an issue for it anyway.
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      09-02-2011, 12:50 PM   #9
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he just jelly
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      09-02-2011, 12:53 PM   #10
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I always marvel at the folks who put after-market exhausts on their cars knowing how loud they are and then complain when they get a ticket.
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      09-02-2011, 12:59 PM   #11
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I always marvel at the folks who put after-market exhausts on their cars knowing how loud they are and then complain when they get a ticket.
Aftermarket doesn't mean illegal. Most of the complaints I see are from people, in situations, where cops have not proof other than "it sounds loud".
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      09-02-2011, 01:12 PM   #12
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in quebec, if you have an exhaust that is louder than stock or does not have the same design characteristics as stock then you can get a ticket. unfortunately its up to you to prove in court that your aftermarket/non-oem exhaust has the same design as the oem one.

over here, most people who get tickets like that just pay it off and lean to keep the clutch in and roll past the cop cars next time you see them on the street.

by the way, i know from personally experience that the AA exhaust is pretty loud and boomy at low rpms, if you have the full version with the x-pipe, the sound gets even worse. i am not surprised that you got pulled over.

if you had a quieter exhaust like a remus sport or eisenmann sport, you'd probably have gotten away with it.

a cop pulled me over in downtown montreal bout 2 yrs ago and gave me a warning for my magnaflow exhaust and a $150 ticket for my 50% tints. i have since changed to the bastuck exhaust and removed my front tints. havent been hassled by a cop ever since. technically my bastuck exhaust is still NOT-legal but because its so much quieter, i think it attracts a lot less attention.
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      09-02-2011, 01:59 PM   #13
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Quote:
Originally Posted by SimSimma View Post
Thanks for your responses. He didnt have a decibel reader so his interpretation of what's "too loud" is totally subjective. I'm going to investigate the by-laws and see if there's an actual decibel level that is quoted in order for an infraction. Tell me that a Harley isnt louder than me?
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      09-02-2011, 02:51 PM   #14
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What a douche bag, threatening jail time over a exhaust. Canada cops really have nothing better to do.
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      09-02-2011, 03:12 PM   #15
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It sounds like the cop is a jerk but the law is on his side, when issuing the "Fix it" ticket.
I have a police friend, who says that they can pretty much fine most things modified from OEM on a vehicle but usually let it pass unless the driver is an a$$.
I've just learnt to drive carefully around cops with my Meisterschaft exhaust.
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      09-02-2011, 04:45 PM   #16
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ridiculous

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Originally Posted by immiketoo View Post
Many state laws prohibit "Anything louder than the stock exhaust," so it will really depend on the way the law is written. Start there. It's always better to know what you're fighting against.
louder than stock exhaust? Compared to which stock exhaust? A Ferrari's or lambo's stock exhasut is pretty loud. Compared to those? It's just bullsh*t.

Just fight the ticket and drive with your revs real low or just pop it in neutral and coast down the road.

I used to have a motorcycle exhaust on my Exige for a couple years. Loud as sh*t. I had to drive with earplugs. I never got pulled over once.
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      09-02-2011, 05:25 PM   #17
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      09-02-2011, 05:29 PM   #18
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Had a similar situation happen to me years ago. Got pulled over for my Manga flow exhaust in my A4. Cop issued me a ticket the exhaust and for limo tint.

I payed the tint infraction and took the excessive noise ticket to court. Luckily for me, the cop never showed up and case was dismissed.

From my experience, a good attitude will save you a ticket.
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      09-02-2011, 05:34 PM   #19
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FYI for those in CA:

"Exhaust systems which meet smog requirements but are still too loud. Exhaust equipment that states it is, "Legal in all 50 states," refers to smog, not noise.
Note: New law (27150.2 VC) does not require law enforcement to use sound level meters to test for excessive noise. Citation is based on officer's judgment. Cited violators may have testing done at smog referee stations or may be directed by the court to have testing done. Vehicles in violation must be brought into compliance. A fine may also be imposed."

http://www.chp.ca.gov/community/streetlegal.html
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      09-02-2011, 05:59 PM   #20
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Its interesting to read the responses to my issue. I guess on these forums it's difficult to express tone of the situation and every nuance of how everything went down.The officer pulled me over within 25 yards of me passing him....I noticed him and clearly wasnt revving my engine excessively. I barely got out of 1st gear before his cherries came on so he didnt even get to hear my car for no more than a few seconds.

Me getting an aftermarket exhaust is totally on me....I get that. It's the risk I take. But his tone about my "nice car" and the way he mentioned the same thing to my wife in a seperate instance seems like he's profiling by class. The way he also threatened me in front of my kids that I will be summonsed the next time he sees me and could receive jail time seems extreme and inappropriate....over what, an exhaust????!!!!

Anyway, I've spoken to my next door neighbour who is a retired officer and he agrees that the officer I encountered is out of line. He suggested that we file a complaint directly with the Inspector of the officer's division which we will do on Tuesday after the long weekend.
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      09-02-2011, 06:23 PM   #21
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      09-02-2011, 06:31 PM   #22
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