Unreasonable Noise from Exhaust Ticket? Advice?

[bretster]

I wasn't doing anything either. Not even revving or going anywhere. I'm a young kid but I wasn't ripping it in the city. I took the girlfriend out to dinner at the view at marriott marquis and as I pulled out of the valet parking lot the cop ran after me. Sucks but whatever, I'll call the courthouse tomorrow to see if I can advance my court date so I don't have to wait until may lol. Thanks guys

[Dave2]

[QUOTE=AWM3ME2;13576910I have never heard of a Leo writing someone for loud exhaust unless he was stopped for another reason and decided to cut him a break.[/QUOTE


I did.... many times.

Here is the thing; as the guy with the loud exhaust you may want to hear it and impress your friends; however the remainder of the free world does not want to, nor should they have to, listen to a loud, obnoxious exhaust.

The OP had an exhaust that as he described was essentially straight pipes. He deserved the ticket. If it were truly that loud an argument could have been made that it was recklessly loud and the car towed. I know it can be done because I have done it. Never to a car, but to several motorcycles.

[NikB316]

^wow man I understand issuing a ticket for a loud exhaust but having it towed? That just seems way overboard. Unless the people were acting really recklessly on other things...

[Dave2]

Originally Posted by NikB316

^wow man I understand issuing a ticket for a loud exhaust but having it towed? That just seems way overboard. Unless the people were acting really recklessly on other things...

Can't tow for moving violations (except DWI); but vehicles can be towed for registration and some equipment violations. I developed a good reputation with our judges and was able to make an argument that running straight pipes on motorcycles constituted a safety issue for other motorists. I never ran across a car as loud as the OP indicates his to be.

There is no need to annoy and disturb the vast majority of the population, just because you want an obnoxiously loud exhaust. It serves no legitimate purpose.

[Paladinjc]

Originally Posted by Dave2

Can't tow for moving violations (except DWI); but vehicles can be towed for registration and some equipment violations. I developed a good reputation with our judges and was able to make an argument that running straight pipes on motorcycles constituted a safety issue for other motorists. I never ran across a car as loud as the OP indicates his to be.

There is no need to annoy and disturb the vast majority of the population, just because you want an obnoxiously loud exhaust. It serves no legitimate purpose.

Land of the free home of the watched, controlled, and policed! God this country is going down the shitter!

[Amri215]

Originally Posted by Bretster

I wasn't doing anything either. Not even revving or going anywhere. I'm a young kid but I wasn't ripping it in the city. I took the girlfriend out to dinner at the view at marriott marquis and as I pulled out of the valet parking lot the cop ran after me. Sucks but whatever, I'll call the courthouse tomorrow to see if I can advance my court date so I don't have to wait until may lol. Thanks guys

Originally Posted by Byronn

I would have never taken an exhaust ticket without having the cops do a decibel reading on the scene.

Originally Posted by Dave2

Can't tow for moving violations (except DWI); but vehicles can be towed for registration and some equipment violations..

Call the courthouse to see if you can advance your date?

Decibel readings..moving violations

I can see most here have never got a criminal summons nor understand how it works in NY...

You have to go on the date the ticket says...Again this a criminal summons, so you will pay a fine and be done..no points or anything since its not a traffic violation

[tifosi360]

Originally Posted by Paladinjc

Land of the free home of the watched, controlled, and policed! God this country is going down the shitter!

I totally agree with you.

[Dave2]

Originally Posted by Paladinjc

Land of the free home of the watched, controlled, and policed! God this country is going down the shitter!

No, it is not going down the shitter. The fact that the cops are enforcing this type of violation demonstrates that it is not. You do not have the right to annoy and disturb others. If you feel you need to run an open exhaust take the car to the track. If you are going to drive it in public keep the noise level at a civil volume.

If I were a fan of train horns and fancied blowing them all day and night near your home I am pretty sure you would be calling the police pretty quickly. And rightly so.

[NikB316]

Dave,
Were most of the people who got towed repeat offenders or did something else which could more so justify them being towed?

I'm just picturing a first time offender getting his bike towed and having a very negative image of LEOs. A ticket could get the message across in a more just manner.

I am not the type to complain about receiving a ticket for something I clearly did, but in many cases it is taken way overboard with excessive additional tickets. As a driver, you really have to prove your innocence in court and 99% of the time the judge will just go with the officer's word.

I appreciate your insight as a veteran in the field.

[bretster]

Let me shed some light on my exhaust setup because it's not really a straight pipe, only my catback is a straight pipe. It's an agency power ti exhaust with the resonators removed, and I have a primary cat delete. Otherwise, I have my secondary cat and two stock resonators in and the car is still super loud.

My car was parked outside valet and under cold start the car can easily shake the buildings. I guess when valet started my car cops walked towards the building to see what was going on and as I pulled away, they got me. I wasn't revving my engine or causing a scene, I was just driving my car like I have been for the past few months with this same exact exhaust setup and past cops with no issue.

Just thought it was a bit excessive to have a criminal summons for having a modified exhaust on a car. I understand maybe if I was revving my engine but I wasn't, lol.

[Paladinjc]

Originally Posted by Bretster

Just thought it was a bit excessive to have a criminal summons for having a modified exhaust on a car. I understand maybe if I was revving my engine but I wasn't, lol.

I couldn't agree more!

[NikB316]

If your car is loud enough to shake buildings you definitely need to expect / accept the fact that its just a matter of time before you get a ticket. Some cops won't care, some will. If it's just a fine and no other BS then it's really just the cost of having your car modded like that. I kind of budget in a couple tickets a year for tint and front plate. I would be pissed if they really went overboard like towing your car or trying to add on unnecessary tickets.

[midlifecrisis]

Originally Posted by Dave2

No, it is not going down the shitter. The fact that the cops are enforcing this type of violation demonstrates that it is not. You do not have the right to annoy and disturb others. If you feel you need to run an open exhaust take the car to the track. If you are going to drive it in public keep the noise level at a civil volume.

If I were a fan of train horns and fancied blowing them all day and night near your home I am pretty sure you would be calling the police pretty quickly. And rightly so.

I'm with you on this one, Dave.

[wooderson]

Originally Posted by Amri215

Call the courthouse to see if you can advance your date?

Decibel readings..moving violations

I can see most here have never got a criminal summons nor understand how it works in NY...

You have to go on the date the ticket says...Again this a criminal summons, so you will pay a fine and be done..no points or anything since its not a traffic violation

You didn't really explain anything other than to go and plead guilty for all criminal summons received in NYC no matter what the situation. Do you know the criminal statute and burden of proof that goes with it? This would be more helpful.

[Dave2]

Originally Posted by Bretster

I have my secondary cat and two stock resonators in and the car is still super loud.

My car was parked outside valet and under cold start the car can easily shake the buildings. I guess when valet started my car cops walked towards the building to see what was going on and as I pulled away, they got me. I wasn't revving my engine or causing a scene, I was just driving my car like I have been for the past few months with this same exact exhaust setup and past cops with no issue.

Just thought it was a bit excessive to have a criminal summons for having a modified exhaust on a car. I understand maybe if I was revving my engine but I wasn't, lol.

If it is as loud as you describe then the criminal summons would be warranted. I am not familiar with NY statues, however I would imagine it is comparable to a disorderly persons offense that I am familiar with.

I would have no hesitation towing a car that is loud enough to shake buildings. The judges in my jurisdiction would have no hesitation entering a finding of guilty to a disorderly persons offense.

[bretster]

Originally Posted by NikB316

If your car is loud enough to shake buildings you definitely need to expect / accept the fact that its just a matter of time before you get a ticket. Some cops won't care, some will. If it's just a fine and no other BS then it's really just the cost of having your car modded like that. I kind of budget in a couple tickets a year for tint and front plate. I would be pissed if they really went overboard like towing your car or trying to add on unnecessary tickets.

Haha we'll my garage shakes a bit when I cold start in the morning and the cold start inside the valet area was loud enough for a lot of people to look over.

I'm completely aware of the risk involved driving with a modified car and I accept responsibility, just wasn't sure how to go about this since it was my first ticket in this car ever. Only other ticket I got was no registration but I was with my father in his car and that was when I had my permit.

Just everything being new to me since I never really ran into cop trouble (knock on wood). But I was very professional and polite with the cop and it also paid off. He was very aggressive/mean at first but we exchanged a few nice words at the end after he gave me a ticket. No harm

[Amri215]

Originally Posted by wooderson

You didn't really explain anything other than to go and plead guilty for all criminal summons received in NYC no matter what the situation. Is that all you got? Do you know the criminal statute and burden of proof that goes with it? This would be more helpful.

I posted the criminal statute verbatim in Post #5

I explained to the OP this is a criminal not a traffic summons or moving violations. I explained that he must go to Manhattan criminal court, violations section on the date specified on the summons..What more can I do...hold his hand when he goes to court?

There is alot of confusion about decibel readings. There is no requirement for decibel readings, if you read the statute it states "exhaust noise audible from more than 150 ft". That is the criteria, it is subjective, and boils down to his word against the cops.

If OP wants to fight it he can try and provide evidence that it wasn't audible at >150 ft...otherwise he will be found guilty...no points, no license or insurance implications, just a fine and a violation on his record which means nothing, since no one (employers, etc.) care about violations.

Its a fine, nothing else.

[wooderson]

http://www.nyc.gov/html/dep/pdf/31-1...y_schedule.pdf

There is a noise statute shown here in this list for excessive noise coming from an automobile under 10,000 lbs. Most of the violations listed are from construction equipment and so on and it appears the violating equipment needs to be tested by DEP or other agencies. I am very curious to know what the burden of proof from a PO would be other than going to court and saying "Yeah, it was really loud," regardless of whether he deserved it or not. As we all know certain people "DESERVE" a good kick in the ass but sometimes it doesn't happen. Not refering to the OP with that last statement. I hope you beat it. You should actually drive in front of Bloomberg's house and rev your engine while smoking a cigarette, eating greasy french fries and drinking a giant sugary soda. I'm sure his helicopter is pretty fucking loud by the way.

[wooderson]

Originally Posted by Amri215

I posted the criminal statute verbatim in Post #5

I explained to the OP this is a criminal not a traffic summons or moving violations. I explained that he must go to Manhattan criminal court, violations section on the date specified on the summons..What more can I do...hold his hand when he goes to court?

There is alot of confusion about decibel readings. There is no requirement for decibel readings, if you read the statute it states "exhaust noise audible from more than 150 ft". That is the criteria, it is subjective, and boils down to his word against the cops.

If OP wants to fight it he can try and provide evidence that it wasn't audible at >150 ft...otherwise he will be found guilty...no points, no license or insurance implications, just a fine and a violation on his record which means nothing, since no one (employers, etc.) care about violations.

Its a fine, nothing else.

My apologies for not reading your earlier post...if Bloomberg created a statute like this where it's the defendant's burden to prove he is not guilty and not the other way around then I agree with you....he should just pay it. God help us all.

[Dave2]

Originally Posted by wooderson

http://www.nyc.gov/html/dep/pdf/31-1...y_schedule.pdf

I am very curious to know what the burden of proof from a PO would be other than going to court and saying "Yeah, it was really loud,"

Yeah, that's pretty much it. When I was testifying a statement to the effect that it was "loud enough to draw my attention to it, that it was loud enough to disturb others in the area", and then make a comparison to familiar noise levels.

There are no requirements to have a decibel reading. This applies to any type of noise complaint, be it a loud exhaust or loud party.

I would consider anyone running exhaust this loud the be rude, obnoxious, selfish and immature.

[MartyM]

Any video clips?

[Bx Tpr]

Loud exhaust ticket in what is probably the loudest area in NYC deserves a criminal summons? Give me a freakin break. NYPD cops have no discretion because if they don't issue a certain amount of certain tickets they get f*&ked with by their superiors. Vacation days are swapped, work schedules are tweaked in order to punish because they can't legally give their subordinates a quota. Anyone who argues that a criminal summons was warranted probably agrees that a 17oz soft drink should be prohibited as well. NYC is lost and has been lost for a very long time.