Sunny's G37

iTrader: (1)

So this morning am having a ****ty day already and I get pulled over by a cop who showed up out of nowhere through the emergency lane. I wasn't speeding, or driving carelessly. Just downshifted to pass through few cars in the passing lane. I have a catback aftermarket exhaust.

So he charges me with 75(4) unnecessary noise but didn't explain why he charged me with it. Am guessing cause of my exhaust. He told me that this is NOT a moving violation and doesn't carry any demerit points, won't affect insurance premiums. Now, why don't I trust that. He didn't give me any citation warning or anything of that sort to replace my exhaust ...

Have any of you ever dealt with such a charge? Did your insurance go up following that? There's no point hiring an agent for a $110 ticket. If it doesn't affect my premiums am just gonna pay it online and get it done with rather than delaying it for dates and in my busy schedule am not sure I can personally handle it.

I called my insurance and they can't ever find this charge in their menu but what scares me is that they said if it shows in my driver abstract they will rate me for it. This ticket has my driver licence number on it so am guessing it would show up .. Won't it?

Any info is much appreciated. Please no mom pop lecture type comments. I really need some practical advice on how to deal with this ticket.

Cheers!!

Rad_Slinger

iTrader: (12)

Fight it. Sounds to me like the government is just trying to get a little more money out of you..

If you fight it, probably would get thrown out...especially if its a non moving violation.

minorthreat

I've gotten this ticket before and fought it... got thrown out... I know alot of people that have gotten the same ticket, fought it and it was thrown out. Bull**** ticket and it shouldn't effect your insurance.

Only4theGnme

I got a similar ticket in VA...I paid it just to get it out of my face...but everyone including my father said I should have fought it. I too have an after market CBE and HFCs...I didnt want to take the chance that they would make me get the car inspected just in case my HFCs wouldn't pass. Next one if it happens again I'm fighting.

Black Betty

iTrader: (60)

Not sure about Canadia, but in almost every jurisdiction in the US this is not a moving violation and won't affect your insurance premium.

Sunny's G37

iTrader: (1)

Thanks everyone for the replies.
I checked with my insurance company (had to call like 3-4 times until i got someone with sound knowledge) and they have confirmed that this is not a moving violation so it won't affect my premium at all ... It falls in the same category as not carrying insurance slip, expired sticker and other stuff like that.
So am just gonna pay it and get it done with. Dont have time for court appearance and all considering am back in school again !!

Edit: BTW ... This ticket once paid "will" show up in your driver abstract but it doesn't affect premium regardless.

Sunny's G37

iTrader: (1)

I guess its the same here then ....
You know exactly what am talking about being the owner of same exhaust
It's hard to keep it under the leash. Had i known there was a cop i would have just engaged the clutch and sailed along haha ... thats the only way you will get it under control ... oh well

HP_John

iTrader: (1)

I know someone with a stock 335i who got ticketed for the same thing. When he told the cop the car is stock, cop told him he should get another car.

Sunny's G37

iTrader: (1)

^^bahahahahahaha .... I was gonna pull that on him as well i.e tell him its stock ... However .. my friggin 5" burnt exhaust tips wouldn't have really supported my BS
Was having a ****ty day cause of work so just didnt bother arguing much .. gave him all docs, he gave me the ticket and off i go !!!
change your car ... thats the best hahahahahaha

rpm&my_G35

Based on this type nonsense, cops could sit outside a Harley dealership and ticket almost every bike leaving the store. What a load of crap (the ticket that is)

Nazgul

My reply is a tad late considering you already paid it, but insurance companies will find every single reason to raise your premiums.

Think about it. If it didn't affect anything, why would it show up on the abstract?

Also, I trust you told your insurer about your exhaust BEFORE this incident. If not, they know now, and (unless you have a forgetful broker/underwriter) there will be a subsequent raise in your premium. On a side note, if you mod your car and you don't tell your insurer, they can deny coverage if you get into a collision or if your car gets stolen, etc.

Best scenario...fight fight fight that ticket! The police count on people not wanting the hassle of fighting it and hope they just pay.

I've worked both for and against insurance companies. Trust me on this one.

Dirty ol Dog

sux about the bs ticket. keep in mind that cops used to get paid to go to court on traffic tickets. Now they have to schedule the witness time on their days off. So unless you really pissed off the boy in blue, if you fight it he probably will not even show. Also fines like this are an easy win due to the cop has no proof. He has no way to prove you were too loud. What is too loud I'd ask. What db? A good thing to bring up is when would it be necessary to make that much noise? Was it louder than the siren on his car? How many db is the siren? Chances are he wont know the db so you just called his judgement into question that gives you probable doubt... bye bye ticky. FYI make sure YOU know the db level of an emergency siren. And the HTA max level of exhaust noise for the time of day and area. last one I beat I proved the cop could not say for 100% sure that there wasn't another car making the noise as he didn't have the ability to see in 360 degrees He only saw what was in front and to his left and right. He tried like a **** NOT to answer but the judge directed him to, and of course he could not. bye bye tiky. Oh an I was guilty of stopping to talk to a buddy on the side of the road and spun my tyres on the sand as I backed up to meet him I left no permanent marks just scuffed the sand a bit. the opp was a dic so I treated him like one

DeamonG37s

It wont effect insurance as bb pointed out but it depends if you wanna take the day off or not.
$110vsYourIncome. Is it worth it or not. If you get paid sick days I would take the day off to fight it.
Cop will show up its the law now in Ontario. Tell them to prove it. Innocent until proven guilty.

Dirty ol Dog

[QUOTE Cop will show up its the law now in Ontario. Tell them to prove it. Innocent until proven guilty.[/QUOTE]

I stand corrected...lol they must have past that law since the last time I was in court. But like you said fight it if you can.

good luck
Dirty

Dirty ol Dog

I stand corrected...lol they must have past that law since the last time I was in court. But like you said fight it if you can.

good luck
Dirty[/QUOTE]

I guess it was always "the law" as well as a job responsibility. I was under the mistaken idea that traffic court was optional or less important than more serious offences when it came to police showing up in court. I found a blog by a former policeman and soon to be defence lawyer. This was what he said about the topic of traffic court and missing said court.

"Today, in my continuing saga of addressing Police Myths, I will be answering the question “does a police officer have to show up for court?” Although it is well known that officers sometimes do not show up for traffic court, Simon Says: Yes, they do have to attend court!

Attending all levels of court to give evidence in both criminal and provincial offence matters is one of the duties of a police officer. Section 42 (1) (e) of the Police Service Act lists one of an officer’s duties as “laying charges and participating in prosecutions” (that means showing up for court). Usually, this duty is also spelled out explicitly in the police service’s policies and procedures and if so there can be consequences for officers who don’t attend court as required.

So why do officers occasionally not show up for traffic court? Most people have heard of someone who went to court to fight a traffic ticket, was told the officer wasn’t there, and had the ticket withdrawn.

The reason for this is usually that the officer got tied up dealing with something on the road and was not able to finish it in time to get to court. Officers start their shifts early in the morning (usually 7:00 am), which gives them plenty of time to get involved in something by the time court is scheduled to start (usually 9:30 or 10:00 am). Due to the nature of situations an officer deals with on the road, they can’t always just stop what they’re doing to go to court.

The other most common reason is that the officer is on holidays or sick.

In either case, without the officer to give evidence, the crown prosecutor likely has no reasonable prospect of obtaining a conviction, which leaves them with two choices. They can either bring a motion to adjourn the matter to a latter date or withdraw the charges. Which option they choose depends on a number of factor, primarily the seriousness of the offence. In criminal court, the crown will always bring a motion to adjourn, and it will probably be granted by the Judge. In provincial offences court it is far more likely that the crown will withdraw, especially if there are civilian witnesses who would be inconvenienced by having to return on another date.

The important thing to remember about this myth is that it is not up to the officer’s discretion whether they will attend court. Regardless of what they have said when issuing a ticket or what impression they left you with, they must attend court unless they are physically unable to do so."

So......... DeamonG37s you r the man.....

It always bothered me as to why I get a bs ticket and the copper never showed. I always make it a point to fight any ticket I get. Even the ones I deserved....lol
Cheers
Dirty