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  1. #1
    Join Date
    Mar 2018
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    326

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Tires chirping is not sufficient to prove imprudent speed beyond a reasonable doubt. Unless there was low visibility or the surface was slippery, 30 in 35 cannot be a speeding violation. You said there was a car in front of you that drove the same line at an even higher speed. Mention that too.

    5 weeks should have been enough for the tickets to show up in the system. Call the court and ask... don't let your due date pass.

    Quote Quoting Paul932
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    Hmm interesting that you see it that way. I was actually very polite with him at first. I don’t normally get into it with cops but this time I did. Hence why I called and apologized. And I honestly don’t think he was cutting me a break I just think he didn’t know his codes. If you look them up he wrote the wrong violations for my tint and obstruction of view.
    He was definitely not giving you a break. Cuff you for no good reason, then give you a break with the charge? I think not. Wow.

  2. #2
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Quote Quoting Paul932
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    I can’t do anything about the exhaust cause he marked non correctable
    Even though the officer marked your exhaust violation "non-correctable" the court has the final say in whether or not the violation can be correctable. Get your "fix it" violations corrected and have the citation signed off by a law enforcement officer. Normally the local police department will charge for signing off on correctable violations but the Sherriff and Highway Patrol will usually do it free.

  3. #3
    Join Date
    Dec 2018
    Posts
    6

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Quote Quoting zeljo
    View Post
    Tires chirping is not sufficient to prove imprudent speed beyond a reasonable doubt. Unless there was low visibility or the surface was slippery, 30 in 35 cannot be a speeding violation. You said there was a car in front of you that drove the same line at an even higher speed. Mention that too.

    5 weeks should have been enough for the tickets to show up in the system. Call the court and ask... don't let your due date pass.



    He was definitely not giving you a break. Cuff you for no good reason, then give you a break with the charge? I think not. Wow.
    Yeah definitely going to mention that to the judge, I’m thinking it’s a good question to ask him if he remembers if there were any cars in front of me at the light before we turned.

    Yeah I’ve been checking online everyday to make sure I do t miss it if it pops up. They gave me a May 2019 court date.

    Agreed no break was given

    Quote Quoting Jim Kozlovich
    View Post
    Even though the officer marked your exhaust violation "non-correctable" the court has the final say in whether or not the violation can be correctable. Get your "fix it" violations corrected and have the citation signed off by a law enforcement officer. Normally the local police department will charge for signing off on correctable violations but the Sherriff and Highway Patrol will usually do it free.
    I think I have to go to the state ref to get my exhaust marked off which is around 100 dollars I don’t want to spend until it gets filed. It doesn’t say state ref but almost every chp station I’ve called says they can’t write it off except one in West Covina

    Quote Quoting flyingron
    View Post
    He doesn't even need a reason to "sight" you. To pull you over all he needs is an articulable suspicion an offense has been committed. Observing the illegal tint, illegal window obstructions, or lack of license plate would be WAY more than sufficient.

    Even if things are not marked correctable, the judge may treat them so. Get the dang things fixed, you are just going to get repeatedly cited for them until you do. Explain to the judge that you've corrected them all and that your speed was not excessive.
    He didn’t notice any of that stuff before telling me to pop my hood and do a look around. I feel like he heard my exhaust go off and that’s what made him pull me over because he waited well until after the turn to light me up and only did so when my exhaust made noise

  4. #4
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Wouldn't a reading from a calibrated db meter be required to write up a modified exhaust? Cops around here use them to write those citations.

    Is a popping exhaust probable cause to search your car for nitrous oxide modifications? I think not.

    IMO, this cop screwed up all the way around. I doubt he will even defend his actions, but let us know how it proceeds. Let's see if the judge also feels he "gave you a break" or if he oulstepped his authority from start to finish.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    A modified exhaust does not have to be above a particular decibel level to be in violation of the law. There are a number of reasons that can justify a search for modified parts including noise, obvious visual modifications, etc. Plus, if the hood was popped with consent, it's not an unlawful search. Sure, one can argue a lack of consent, but that can be a long and expensive path to try and travel along to avoid correcting a violation.

  6. #6
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Quote Quoting cdwjava
    View Post
    A modified exhaust does not have to be above a particular decibel level to be in violation of the law. There are a number of reasons that can justify a search for modified parts including noise, obvious visual modifications, etc. Plus, if the hood was popped with consent, it's not an unlawful search. Sure, one can argue a lack of consent, but that can be a long and expensive path to try and travel along to avoid correcting a violation.
    It is very clear what took place during that traffic stop. Arguing the details is missing the big picture.

    True, the cop will win this battle and others. But this continued aggressive behavior is causing them to lose the war.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Quote Quoting Chuck77
    View Post
    It is very clear what took place during that traffic stop. Arguing the details is missing the big picture.

    True, the cop will win this battle and others. But this continued aggressive behavior is causing them to lose the war.
    I wasn't there, so no, it's NOT clear what happened during the traffic stop. The OP admits he got a bit lippy, so that almost certainly contributed to what transpired. And while handcuffing someone during a traffic stop is not common, it is also not unheard of. I have done it myself a few times. An officer (particularly if he has no cover officer) has a legal right to see to his own safety and often this means disabling a potential threat by handcuffing and even detaining in a locked patrol vehicle.

    What you see as "aggressive" is just as easily seen as a proactive action to safeguard both the officer and the person being contacted.

    Ultimately, "the war," as you call it, will be lost by the public who will have to suffer greater encroachment by the criminal element as law enforcement continues to get neutered and laws are enacted to decriminalize crime and minimize penalties for criminal activity. The police (those officers who remain in the career ... and those few that consider entering it) will continue to get paid even as they are encouraged to remain in their cars and sit on their hands by those very vocal few without a clue who advocate for the evisceration of public safety.

  8. #8
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Quote Quoting cdwjava
    View Post
    I wasn't there, so no, it's NOT clear what happened during the traffic stop. The OP admits he got a bit lippy, so that almost certainly contributed to what transpired. And while handcuffing someone during a traffic stop is not common, it is also not unheard of. I have done it myself a few times. An officer (particularly if he has no cover officer) has a legal right to see to his own safety and often this means disabling a potential threat by handcuffing and even detaining in a locked patrol vehicle.

    What you see as "aggressive" is just as easily seen as a proactive action to safeguard both the officer and the person being contacted.

    Ultimately, "the war," as you call it, will be lost by the public who will have to suffer greater encroachment by the criminal element as law enforcement continues to get neutered and laws are enacted to decriminalize crime and minimize penalties for criminal activity. The police (those officers who remain in the career ... and those few that consider entering it) will continue to get paid even as they are encouraged to remain in their cars and sit on their hands by those very vocal few without a clue who advocate for the evisceration of public safety.
    IMO the public did not start this "war". It was caused by the instinctual covering that good cops, such as yourself, do for the bad cops.

    Assuming the OP is telling the truth, the officer was hot headed out of the gate, thus instigating a confrontation instead of professionally quelling it. He also could have told the OP to sit on the curb or get back into his car, yet he chose to handcuff him instead.

    Question: Have you ever been nearly beaten up by a police officer? I have and it creates the riff we see today...exacerbated by the good cops covering for the bad ones.

  9. #9
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    Quote Quoting Chuck77
    View Post
    True, the cop will win this battle and others. But this continued aggressive behavior is causing them to lose the war.
    War, what war? Are you at war with law enforcement? If you continue with that attitude, you're going to be posting to this forum quite often.

  10. #10
    Join Date
    Dec 2018
    Posts
    6

    Default Re: Got 22350 for Screeching Tires (Allegedly) and 4 Fix It Tickets, Advice Needed

    I thought you needed a dB meter as well but they never used one. So far the ticket still hasn’t been posted online after almost two months so I can’t even take care of anything yet

    Wasn’t really popped with consent. He told me to pop it or he was going to take me to jail. So I was basically forced to pop my hood.

    Seeing as I’m the op and was there I can clarify whatever it is you would like clarified. I have nothing to lose posting what honestly happened on this forum so ask away. There were two officers there on motorcycles. He handcuffed me after his partner looked under my hood and walked away. I went to close my hood after he looked and before I could close it he told me not to. So I didn’t, then he told me to get on the sidewalk, so I did. Then he said he was cuffing me.

    Agreed 100 percent. My car came from the factory with a feature Ford themselves dubbed “pops and bangs” from the exhaust.

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