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Here in California there is a 93 dbm at 50' sound limit. Anything above that is illegal. Better check your local laws before going to court, he pulled you over because it was LOUD. He took pictures to prove your exhaust isn't stock & might have a dbm detector built into his truck.

I notice many police cars now come with built in radar to check vehicles coming & going. Good luck.
 

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If it was the U.S., I would say sue the PD for a violation of civil rights (4th amendment). Taking photos is the equivalent of a search you did not consent to and a very good argument can be made that the muffler is not visible to the plain eye and that the cop had to cross a threshold that probable cause for a traffic stop did not allow him to.
I'm not a lawyer but I do have two of them in the family and I have stayed at a Holiday Inn Express. ;)

If this had been in the US and assuming there was enough probable cause to pull him over for exhaust noise in the first place, then there certainly was enough probable cause to look under the car and take pictures.

Besides, unlike the US, probable cause is not a requirement for traffic stops in Canada. They treat driving as a privilege not a right (actually it's a privilege in the US as well but not to the same extent) so a driver is expected to put up with traffic stops for everyone's "safety". That's why they can do random drunk driving checkpoints that would be impossible (lack of probable cause) in the States.
 

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What????

Also just found this from the Ontario Highway Traffic Act:

Noise, smoke, bells and horns
Muffler
75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).
Unfortunately, the "straight-through" design of the Roush mufflers could be interpreted as "straight exhaust". You might have a tough fight ahead of you.

If the ticket was for noise, then you most likely violated a local bylaw, not the HTA.


So I got the logical part of the Code all the way until Hollywood Muffler?

I have Hollywood looks and narcissistic ways, that's so I can fit in! I guess I'm illegal in Canada. LOL

Your point of straight exhaust has merits as Roush describes these mufflers as a straight design.

T Wayne
 

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I'm not a lawyer but I do have two of them in the family and I have stayed at a Holiday Inn Express. ;)

If this had been in the US and assuming there was enough probable cause to pull him over for exhaust noise in the first place, then there certainly was enough probable cause to look under the car and take pictures.
I know you're argument would most likely hold sway, but I wish more PDs would have to defend these types of actions in court so they would be less likely to do this with the intent of injecting themselves into 'normal people's' lives.

This wasnt a search for illegal weapons, drugs, or kidnapped persons, it was harassment for the intent of writing a ticket (municipal revenue generation).
 

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Most people view extremely loud exhaust as annoying or harassment, & of course it draws lots of unwanted attention.
 

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I'm not a lawyer but I do have two of them in the family and I have stayed at a Holiday Inn Express. ;)

If this had been in the US and assuming there was enough probable cause to pull him over for exhaust noise in the first place, then there certainly was enough probable cause to look under the car and take pictures.

Besides, unlike the US, probable cause is not a requirement for traffic stops in Canada. They treat driving as a privilege not a right (actually it's a privilege in the US as well but not to the same extent) so a driver is expected to put up with traffic stops for everyone's "safety". That's why they can do random drunk driving checkpoints that would be impossible (lack of probable cause) in the States.
Umm... Have you BEEN in the US? Random DUI checkpoints have been going on in all 50 states for years, and have been (somehow) ruled 'constitutional' by courts all over the country. Near the Mexican/US border, immigration checkpoints are very common, as well.

OP, I stand by my earlier post- go online (or make a phone call) and determine exactly what code/statute/law you're accused of breaking. This, and only this, will tell you how you should go about fighting the citation.
Be prepared, though, as a favorite in the states is to have a vague law that says it's illegal to modify your exhaust, so pretty much anyone is stuck. Also, they might have a vague sound level law with no db limit- how do you fight that? It's all opinion, and you can bet any judge would automatically side with a cop.
You just won't know anything until you know what you were cited for. Heck, if he did write you for 'no mufflers', then you're fine. Take your own photo, and maybe one from Roush's website, and there you go- they are mufflers. They might do very little, but they ARE mufflers!
Good luck.
 

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Have I ever been to the US?? How very observant of you. As my avatar shows, I live in Jacksonville Floriduh. Grew up and got married in Toronto but have been living here for 25 years. Have you ever been to Canada?

The US Supreme court has ruled that truly random checkpoints are illegal so police set up checkpoints where they either stop everyone or else a specified series such as every third car. That eliminates the possibility of profiling and other selective enforcement - but it's not random.

That does not apply in Canada. They set up a checkpoint, stop cars for whatever length of time it takes to check out the driver, then turn around and stop whatever car happens to be passing by next without any particular pattern. There is another difference though... the checkpoints in Canada (at least the ones I've experienced in Toronto and Montreal) are much more friendly and polite. A drunk driving checkpoint doesn't bother people about other violations - they just look at the driver's license, talk to the driver for a minute or two, and if there is no evidence of drinking they hand them a promotional windshield scraper for the inconvenience and send them on their way. The stop generally takes less time than you would spend at a red light so most (non-drinking) drivers don't mind them at all.
 

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Sounds like the cop's wife ran off with a Mustang-driving guy. Or maybe gal. What an epic tool. judge.gif
 

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I'm not a lawyer but I do have two of them in the family and I have stayed at a Holiday Inn Express. ;)

If this had been in the US and assuming there was enough probable cause to pull him over for exhaust noise in the first place, then there certainly was enough probable cause to look under the car and take pictures.

Besides, unlike the US, probable cause is not a requirement for traffic stops in Canada. They treat driving as a privilege not a right (actually it's a privilege in the US as well but not to the same extent) so a driver is expected to put up with traffic stops for everyone's "safety". That's why they can do random drunk driving checkpoints that would be impossible (lack of probable cause) in the States.
Impossible in the states? Not exactly.

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Umm... Have you BEEN in the US? Random DUI checkpoints have been going on in all 50 states for years, and have been (somehow) ruled 'constitutional' by courts all over the country. Near the Mexican/US border, immigration checkpoints are very common, as well.

OP, I stand by my earlier post- go online (or make a phone call) and determine exactly what code/statute/law you're accused of breaking. This, and only this, will tell you how you should go about fighting the citation.
Be prepared, though, as a favorite in the states is to have a vague law that says it's illegal to modify your exhaust, so pretty much anyone is stuck. Also, they might have a vague sound level law with no db limit- how do you fight that? It's all opinion, and you can bet any judge would automatically side with a cop.
You just won't know anything until you know what you were cited for. Heck, if he did write you for 'no mufflers', then you're fine. Take your own photo, and maybe one from Roush's website, and there you go- they are mufflers. They might do very little, but they ARE mufflers!
Good luck.
Negative sir. DUI checkpoints are illegal where I live.

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Impossible in the states? Not exactly.
As I said in another post, it's not the checkpoints that are not legal in the US - it's random checkpoints that have been ruled unconstitutional. As long as the police can show that checkpoints are not random (e.g. stopping every fourth car) and that they aren't profiling (e.g. stopping only import "tuner" cars), they meet the requirements and can stop motorists without prior probable cause.

In Canada there is no such ruling - they can just stop whatever car happens to be next after they finish with a previous one.
 

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As I said in another post, it's not the checkpoints that are not legal in the US - it's random checkpoints that have been ruled unconstitutional. As long as the police can show that checkpoints are not random (e.g. stopping every fourth car) and that they aren't profiling (e.g. stopping only import "tuner" cars), they meet the requirements and can stop motorists without prior probable cause.

In Canada there is no such ruling - they can just stop whatever car happens to be next after they finish with a previous one.
Here in California, when a checkpoint is set up, the cops stop EVERY car. Technically, it's legal to not stop, or to take a turn to avoid it, but anyone who does that WILL get chased down and stopped. Their justification then is that you avoided a checkpoint! Naturally, drivers will be put through the wringer at that point.
It's quite common here for the police to publish the results of local DUI checkpoints. Typically, it turns out that out of 1,000-1,500 cars detained, they get one to three DUI arrests. Sounds pretty ^&%! random (and completely ineffective) to me.
 

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As I said in another post, it's not the checkpoints that are not legal in the US - it's random checkpoints that have been ruled unconstitutional. As long as the police can show that checkpoints are not random (e.g. stopping every fourth car) and that they aren't profiling (e.g. stopping only import "tuner" cars), they meet the requirements and can stop motorists without prior probable cause.

In Canada there is no such ruling - they can just stop whatever car happens to be next after they finish with a previous one.
Texas doesn't do checkpoints, but if its after midnight you'll probably be followed a good ways. Had one stay on my ass for ten miles before he left me alone.

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Looking at Canadian law its worded similar to Texas law:

"Under Section 547.604 of the Texas Transportation Code, all motor vehicles must be equipped with a muffler, in good working order that prevents excessive or unusual noise. Further, the exhaust mufflers may not be bypassed.

Excessive and Unusual

Since Texas lacks specific decibel guidance, "excessive and unusual" is the applicable standard. In Aguilar v. State of Texas, a Texas appellate court reviewed a constitutional challenge claiming that the language was vague, and thus unenforceable since Section 547.604 does not specify a decibel level."

The argument didn't hold up in court. It's kind of odd you would get pulled over and cited for this. It's not like you were racing or doing something you were not suppose to be doing. Just make sure there are no local city ordinances for noise coming from vehicles. They may try to re file the charge. It's odd he wrote the ticket for no muffler unless excessive and unusual noise is under it.

So yeah you might get fined for that. I can't tell you how many muscle cars I see on the road that have modified exhausts and never get messed with. you happen to be in that 1% tard.gif
 

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idk nor did I stay at a Holiday Inn, but, I wonder if in Canada (Like some US states) have the CA regulations and from what I know it's illeagal (sp?) to alter pretty much anything relating to emmisions.

side note: just last week I pointed out the WD-40 can that said "NOT FOR SALE IN CALIFORNIA" I can buy other Weed but not WD-40?

OP good luck.
 

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side note: just last week I pointed out the WD-40 can that said "NOT FOR SALE IN CALIFORNIA" I can buy other Weed but not WD-40?
Not trying to go far down the side path, but many products "misbehave" when used in California...

WD-40 makes a California compliant product but continues to sell the non-California version elsewhere.

It may have been the propellant they were using...
 

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Looking at Canadian law its worded similar to Texas law:

"Under Section 547.604 of the Texas Transportation Code, all motor vehicles must be equipped with a muffler, in good working order that prevents excessive or unusual noise. Further, the exhaust mufflers may not be bypassed.

Excessive and Unusual

Since Texas lacks specific decibel guidance, "excessive and unusual" is the applicable standard. In Aguilar v. State of Texas, a Texas appellate court reviewed a constitutional challenge claiming that the language was vague, and thus unenforceable since Section 547.604 does not specify a decibel level."

The argument didn't hold up in court. It's kind of odd you would get pulled over and cited for this. It's not like you were racing or doing something you were not suppose to be doing. Just make sure there are no local city ordinances for noise coming from vehicles. They may try to re file the charge. It's odd he wrote the ticket for no muffler unless excessive and unusual noise is under it.

So yeah you might get fined for that. I can't tell you how many muscle cars I see on the road that have modified exhausts and never get messed with. you happen to be in that 1% tard.gif
Many US states keep laws like this simply because they're vague. That makes it almost impossible for the average person to fight the ticket, so most simply cough up the fine- which is what the court wants, in the first place.

idk nor did I stay at a Holiday Inn, but, I wonder if in Canada (Like some US states) have the CA regulations and from what I know it's illeagal (sp?) to alter pretty much anything relating to emmisions.
Mufflers have nothing to do with emissions, although pretty much everywhere you'll find laws stating that it's illegal to run without them.
Here in CA, it's highly unusual to get pulled over JUST for sound. Generally, excessive noise is something you're cited for after being stopped. Our 95db (not 93 as someone else posted) is very generous, and in the first couple of years of that law, over 90% of cited vehicles were found to be legal. Most other states/counties/cities aren't as lucky and have those "illegal to modify" laws still on the books.
 

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Many US states keep laws like this simply because they're vague. That makes it almost impossible for the average person to fight the ticket, so most simply cough up the fine- which is what the court wants, in the first place.



Mufflers have nothing to do with emissions, although pretty much everywhere you'll find laws stating that it's illegal to run without them.
Here in CA, it's highly unusual to get pulled over JUST for sound. Generally, excessive noise is something you're cited for after being stopped. Our 95db (not 93 as someone else posted) is very generous, and in the first couple of years of that law, over 90% of cited vehicles were found to be legal. Most other states/counties/cities aren't as lucky and have those "illegal to modify" laws still on the books.
i think the hondas and acuras get f***** with the most. my buddy had a 93? sentra ser with a loud muffler and he got pulled over at least twice with that muffler in 2 years or less owning the car. probably the cops were profiling his car. he lived in the bay
 

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i think the hondas and acuras get f***** with the most. my buddy had a 93? sentra ser with a loud muffler and he got pulled over at least twice with that muffler in 2 years or less owning the car. probably the cops were profiling his car. he lived in the bay
Twice in 2 years is bad?..
 
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