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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 04-10-2015, 09:55 PM   #1
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Two Violations Disputed but no longer have my car

Hi,

I've tried searching the forums as well as Google to see if I could come up with any results before posting on here.

Back in 2013 I was pulled over for two reasons. The cop said my exhaust was widened. (This was an greddy evo2 on my tsx) and as well my brake light above my trunk was accidentally unplugged by some stuff I had in my trunk moving around.

After the officer did a few rounds my car to see if my front plate was relocated etc etc, he handed me a ticket to sign. I refused to sign the ticket as I was told my exhaust was legal to a certain decibel as well as a certain diameter. Him and I argued a bit and eventually he just gave me the ticket and handed me a VI with the violations and said "we will see if your car is illegal when you get the VI." He was giving me a lot of attitude, but when he first approached I had my license and papers all ready and was very polite, I even asked if he would be kind enough to give me a warning for my tail light as I had no idea and all my others were perfectly fine.

The two violations were:
7.03(4) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler the exhaust outlet of which has been opened or widened.

4.02(2) A vehicle on a highway must be equipped with lamps equivalent to those provided by the original manufacturer in accordance with the requirements that applied under the Motor Vehicle Safety Act (Canada), or a predecessor to that Act, at the time of vehicle manufacture.

So it is now 2015 and I have since sold my car, of course since there was a VI on my car I couldn't have sold it unless it passed the inspection, which it did. This was done at Kingsway Honda which he requested that I have it done at a Honda/Acura dealership on the ticket.

So my question now is since I no longer have the car, how do I argue this in court? How do I argue that everything was legal on my car except for a tail light that was unplugged?

Or do I just pray that the cop doesn't show up?

Thank you for everyone's time and help.

Cheers
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Last edited by Way2ricey; 04-10-2015 at 10:12 PM.
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Old 04-10-2015, 11:25 PM   #2
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It doesn't matter if you no longer have the car, you broke the law and got fined at the time and you will get roasted if you go further with the dispute. Just pay it and get over it!
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Old 04-10-2015, 11:39 PM   #3
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Quote:
Originally Posted by Way2ricey View Post
Back in 2013 I was pulled over for two reasons. The cop said my exhaust was widened. (This was an greddy evo2 on my tsx) and as well my brake light above my trunk was accidentally unplugged by some stuff I had in my trunk moving around.
Match your username alright
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Old 04-10-2015, 11:41 PM   #4
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"Alteration prohibited
(4) No person shall drive or operate a motor vehicle propelled by an internal combustion
engine equipped with a muffler the exhaust outlet of which has been opened or widened.
Noise increase or flames prohibited
(5) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler or exhaust system to which is attached any device which increases the noise of the expulsion of the gases from the engine or allows a flame to be emitted from the exhaust system. "


Technically, any aftermarket exhaust with a larger than OE diameter or louder than OE noise level, is prohibited according to the MVA. Thankfully it is not a commonly enforced regulation. However in your case, regardless of the VI, you can be ticketed for it as well as your brake light (your responsibility to insure than your lights are in working order).

IF you decide to fight it, chances are you will end up paying it anyway as you admit that the light was not hooked up properly and you admit that there was an aftermarket (performance) exhaust system on the vehicle.
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Old 04-11-2015, 07:20 AM   #5
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You can't give me a speeding ticket because I'm now standing outside my car? You can contest the VTs but you told us here that you were guilty of the charges and (reading between the lines of what you told us happened in your discussion) maybe your attitude at roadside got you where you are today. You are not required to sign and he is not required to hold roadside traffic court for you. Telling him he doesn't know his job...when even you admit he did, is also not going to get you a break. The fact that it later passed an inspection does not mean that it was not repaired before the inspection was done...as this is a common practice for peoiple getting an inspection to a modded vehilce...it's an option mentioned often here on RS.
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