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RCW 46.37.390, yes I just got a ticket.

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Old 05-29-2008 | 03:31 AM
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Default RCW 46.37.390, yes I just got a ticket.

Okay, so a nice Washington State Patrol officer just decided to give me a ticket for "defective/altered exhaust" the muffler I am using is a TRD, yes, a Toyota Racing and Developement muffler. The officer gave me a 124$ ticket because it is "too loud" (no decimeter readings) When I informed him it was a factory upgrade from Toyota he then told me it was "for off road use only" I looked up the RCW that it says on the ticket and the part that I believe applies to me would be ..

"(3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection."

It is TRD exhaust installed by Toyota. I'm going to fight it because it is BS, problem is I'm not sure if I should fight it by my self, or get a lawyer. The ticket is 124$ and my usual lawyer is 300$ because it was installed by Toyota and I saved all my tickets i believe it would be an easy case, any ideas?
Old 05-29-2008 | 03:38 AM
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daaamnn that is some bs! I'm no lawyer, but I think your choices are to either pay the ticket or show up to court, where if you show the judge that it is basically a factory part, it will get thrown out. either way, its a pain in the ___ for you.
I've heard of something called an affadavit, which might mean you dont have to go to court, but like I said im not a lawyer - If you have a family member / friend who is you should talk to him/her, if I were you I wouldnt want to pay that just on principle....
Old 05-29-2008 | 03:38 AM
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eh the first sentance of that law will be hard to get around,im sure withthe right lawyer you would be good

but please dont ask legal advice on a forum
Old 05-29-2008 | 03:41 AM
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i got the name and phone number for my usual lawyer on my motorcycle forums. but after my brother got a neg 2 he told us not to call him anymore. and its not a modification from stock muffler, it is a FACTORY upgrade.
Old 05-29-2008 | 03:46 AM
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its a factory upgrade from toyota. don't get a lawyer. plead not guilty and send the ticket in. wait for a letter in the mail telling you to go to court. MAKE SURE you go to court with receipts of your TRD exhaust and Toyota install. you should be straight man, you got nothing to worry about..
Old 05-29-2008 | 03:47 AM
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thanks bro, thats what im planning on doing. just didnt know if i should deal with a lawyer or do it myself.
Old 05-29-2008 | 03:51 AM
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do it yourself cause its TRD plus toyota installed it for you. your safe. just dont be an _______ in court and go well presented.. i had it rough tho. i had to strip my car cause i had to go to dmv and get it inspected
Old 05-29-2008 | 03:55 AM
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I would just go to court and fight it. Bring in the receipt from the dealership that it is an OEM part that is certified as 50 state legal. They will drop it like it's hot. And after the judge reads his verdict, ask to make a statement, he will allow, then blast the cop for not listening or paying attention to you when you told him it was an OEM designed part & showed him it was from TRD and that you feel it would be a nice gesture if he paid for your gas, food and time & also the courts time for not knowing the actual law and what does and does not apply. Was pure bliss for me the last time I called a cop out after a ticket was dismissed, he did not know what to say and the judge had a HUGE grin on his face. hahaha.
Old 05-29-2008 | 04:07 AM
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my uncle is a lawyer, if you wanna dravel 3000 miles, you can see him. he's good, but he charges about 400 an hr..so yeah...come with a check for 2g
Old 05-29-2008 | 04:08 AM
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Man, some cops are straight up stupid. Anyways, this is an easy one to fight on your own.
Old 05-29-2008 | 04:12 AM
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Originally Posted by Garage1217
ask to make a statement, he will allow, then blast the cop for not listening or paying attention to you when you told him it was an OEM designed part & showed him it was from TRD and that you feel it would be a nice gesture if he paid for your gas, food and time & also the courts time for not knowing the actual law and what does and does not apply. Was pure bliss for me the last time I called a cop out after a ticket was dismissed, he did not know what to say and the judge had a HUGE grin on his face. hahaha.
OMFG THATS HILARIOUS.
Old 05-29-2008 | 04:16 AM
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If you can, try to get a db test done on the exhaust. That could end (or start?) your headache.
Old 05-29-2008 | 04:20 AM
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yah the rcw has no decibel limits though. just that i cant modify it to be louder then factory muffler, which it is a factory muffler.
Old 05-29-2008 | 04:44 AM
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so.. i want a "contested hearing" right? (saying i DID NOT commit the infraction? not "mitigation hearing" (says i did it but i want to explain the circumstances) correct?
Old 05-29-2008 | 04:49 AM
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That would be my choice.
Old 05-29-2008 | 04:54 AM
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yah, me too, thanks!
Old 05-29-2008 | 05:26 AM
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But srsly, TRD? If it was HKS or smthg, i understand but this is just absurd.
Old 05-29-2008 | 05:33 AM
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yah. its okay, itll all work out i think i have enough proof that it is from factory. now i just need to go find someplace that it says its street legal in all 50 states, going to go to my local scion dealer and talk to them about it and see what they can come up with.
Old 05-29-2008 | 09:03 AM
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this is so funny, please call out that cop after the ticket is thrown out. ____ him.
Old 05-29-2008 | 09:49 AM
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Man and I thought the pigs in Cali were stiff....STICK IT TO THE MAN!!


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