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| Don't argue with me. ![]() | No BS. Ref Ticket for SR20det Thread. Okay, after doing a through search of the previous threads on California State Emissions Ref tickets, I've come to the conclusion most of the people that get them are whiny bastards who say "Fuck the POlice" before realizing they asked for it. Anyway, here is my no BS Ref Ticket experience (in progress). Mods please delete if you find it repetitive, or lock it if it gets out of hand. I simply offer this as a 100% truth, exactly what will happen, no whining tell-all of what will happen if you are pulled over with an SR20det. I write this in hopes that someone doing a search, like I did today, will have a truthful, unopinionated story of what to expect. 2 months back, I was pulled over in my 91 240sx coupe. It was late at night, and I was in the wrong part of town. I was commiting no crime (other than the crime of driving a modified car). I was not speeding, or tresspassing, drifting or racing. The car is low, it has exhaust, a silvia front end, lots of stickers, lots of dents, a roll cage, a race bucket, no gauges and no catalytic converter. Please do not respond with your "better than thou" insults of how "IF YOU DRIVE ILLEGAL YOU ARE ILLEGAL". Please. I knew the exact punishment for the crime, and I am 100% willing and able to deal with it. No laws will stop me from doing what I love. An undercover cop in an unmarked Crown Victoria came out of a parking lot and got behind me, turned on his lights and I pulled over calmly. Having been in these situations before, I knew to turn off my car, roll down my driver's side window slightly, and put my hands where the officer could see them. The officer walked up and asked, "License, registration, proof of insurance." After giving him the documents, he asked, "What are you doing out here XXX if you live in XXX?" I told the officer, "I will not answer any questions officer." I probably could have worded that better but I'm kind of a retard to the English language. He took two steps back, put his hand over his belt (assuming his weapon), and said, "Pop your hood for me, XXX" I asked, "Officer, is that a demand or a request?" (assuming if he said request, I had the right to deny it.) "That's an order." I opened the hood for the officer. "Well, looks like you have just about everything illegal under this hood." he said, and turned to me for a response, for which I remained silent. The officer did NOT know what an SR20det was by looking at it. He made reference to the turbine, the turbo manifold (aftermarket), the blue vaccum hose for the BOV, the BOV itself, the hot pipe, and the air filter. He told me to close the hood and sit back in the car. Which I did. He came back with a ticket for modified emissions, and modified exhaust. (which I have.) He then told me, "On the back of this ticket is a number, call that and set up a date with the state Ref. You should install a silencer, I could hear you a block away." And he drove away. (I actually have a ruthless exhaust leak, and the muffler is almsot dead quiet when my system is without leaks) The car was not impounded. I was allowed to drive it home, and was not told that I could no longer drive it on the street. This may be a cop being nice, or it may be that they cannot impound your car for this offense. On the advice of a few friends I have that had this ticket before, I didn't call the state Ref. I was told when the letter came in and told me my bail amount, I would be able to send in the bail amount and not deal with the Ref or the Court. Weeks passed, and today I recieved the letter. Under BAIL: It states "Mandatory Appearance". It appears that the law has since changed, and you are required to goto court for this offense. You are NOT allowed to simply pay ~500$ and walk away. That rumor is false, or the law has been changed for all I know. So, as it stands as of today, I will be going to court in 2 months, and am not able to fix the modifications (it'd cost me FAR too much money, and FAR too much time.) I have another car to drive, and haven't been driving this one. What I would like to know is, as I cannot afford legal advice, if anyone has any of their own. Or knows a lawyer that can give some. Current ideas are: "Your honor, if you will allow it, I will register the car non-op and take it off the streets." In hopes that she will either drop the fine or reduce it. I will then scrap the shell, and put my old parts into a fresh chassis. Ask for an extension of time as I simply do not have the funds to switch out the number of modifications I have made AND make the car pass smog. Questions (please, only answer if you know what you are talking about, and have quotes/experience from actual LAW): Can undercover police pull you over and give citations? "an undercover cop is still a cop and give you any ticket they want. a cop off duty is still a cop and can arrest you if they wanted. my current manager use to be a state ref and i asked him about cops off duty and undercover cops as well." Can a police officer demand you to open your hood? "you do not have to pop your hood, but if you are not compliant, from what ive been told the cop will tow your vehicle because you are not compliant and will pop your hood in the pound." Based on this link: http://www.answers.com/topic/automobile-searches There is legal precedent for a police officer to pop your hood, as they cannot realisticly obtain a search warrant in time, because a vehicle is mobile and can cross state lines with ease. (Unlike a house, which isn't moving, which the officer has time to obtain a warrant before searching.) What happens if I simply can not fix the modifications? What happens if I cannot pay the fines? "if u cant pay the fines they will impound your car, revoke ur registration, revoke ur license, take money out from your assets, pretty much they will force u to pay the money if u cant pay the fines." What happens if I do not see the Ref before seeing the judge? If my car is impounded, is it immediately after the trial, or do I have time to strip the car of parts? Should I strip it before going to court? Please, only respond if you have something helpful to say, if you're going to say 'FUCK CA' or 'FUCK POLICE' , please, goto hell. You're a moron. This is just how we deal with the passion we have. Just like graffiti is illegal, so is modifying a car. I'll keep this thread updated by modifiying this original post. Last edited by TheSquidd; 09-13-2006 at 10:24 AM. Reason: added information |
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| | #2 |
| Nissanaholic! ![]() | pay for the fine its a big one but you don't have to go to the ref.... or atleast thats what my friends did. I took mine to the ref cuz i was more legal than an 18 year old naked girl. |
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| | #3 |
| Post Whore! ![]() | an undercover cop is still a cop and give you any ticket they want. a cop off duty is still a cop and can arrest you if they wanted. my current manager use to be a state ref and i asked him about cops off duty and undercover cops as well. you do not have to pop your hood, but if you are not compliant, from what ive been told the cop will tow your vehicle because you are not compliant and will pop your hood in the pound. as for the last two questions im not sure. but you can always ask for an extension. say your a student with limited funds and limited time. |
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| | #5 | ||
| Post Whore! ![]() | Quote:
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Good luck! | ||
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| | #6 |
| Post Whore! ![]() | I don't understand how ANY PEACE officer can just pull anyone over randomly and pop a hood. I call B.S. I have two reasons to say this. 1. they are OFF DUTY. Therefore they are a civilian. From what i've heard, whenever they make an arrest, it is basically just a citizens arrest. 2. When my lawer goes to court for traffic offences, the first three things he asks are 1. were you on duty 2. in a marked car 3. in uniform I'm not an expert, but this is what i've gathered on my own. If i were you, i would save 3 to 4 hundred bucks, and just go get a lawer. IN THE END, i think it will SAVE YOU money and time. JMO PS- PLUS ONE FOR the MAKER of this thread for sticking to what he loves, but understanding the consequences at the same time. LOTS of zilvians could learn from this. |
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| | #7 |
| Zilvia FREAK! ![]() | i am trying to learn all i can about this issue as well...and living in socal is especially difficult as everyone knows. All i have to say is... 1. Making things under the hood look as stock as possible and 2. Being overly friendly and respectfull (i have been asked to pop my hood at least half a dozen times and since i always confidently get out and pop it like i have nothing to hide, it has made a world of difference)...and every time the cop has said "thank you very much for cooperating" and lets me shut it and go without question. So i have noticed that if your attidude implies that you have nothing to hide, the officer senses that, and therefore sometimes will not even really look to see what you have, he may have just wanted to see how you react to the question. I have basically made friends with most of these cops, of course there is the occasional asshole cop that hates you just for driving a tricked out car, but in my experience that has been rare. I know this response in no way helped with any ref ticket questions, but i figured maybe this will possibly help someone who reads this out of a future ticket. |
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| | #8 |
| You're A Towel!! ![]() | if u cant pay the fines they will impound your car, revoke ur registration, revoke ur license, take money out from your assets, pretty much they will force u to pay the money if u cant pay the fines. It may not be any of my business but this is what i would recommend you doing. save up for a shell and send out a letter for an extension (by law u can request an extension without appearing in court AND give ur verdict or do everything by mail). Extend it as long as possible and when u show up in court explain that the car is non operation and u will pay the fee for pleaing guilty. swap everything over and start anew. (this might work cuz this is one of my plans of escape for when i get caught) |
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| | #9 |
| Zilvia Addict ![]() | ^ I think now instead of companies making parts that have a more agressive look they should look into to the market of understated parts and asseories. Decals, agressive aero, exhaust, ect attract attention. And now cops. An easy ticket for them when spotted. They wont even have to know a thing about the modifications but due to the fact give you a ticket. Seeing as if your car has legal mods then you will pass and the ticket will be thrown out. Developing ways to hide or blend in turbos/exhaust mani's and make them more stelth really needs to be thought about when modifing. |
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| | #10 |
| Zilvia Member ![]() | This site was posted awhile ago and I found it pretty informative. http://www.flexyourrights.org/traffic_stop_scenario |
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| | #11 |
| You're A Towel!! ![]() | iuno i just read that link and well, 3) Just Say "No" to Warrantless Searches..... if u do that, they will impound ur car and get a search warrant and charge u for impounding the car so that fails they can search ur car even without a warrant legally cuz they have probable and just cause. but heres a post thats very note worthy http://ticketassassin.com/visorguide.html |
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| | #12 |
| Nissanaholic! ![]() | pretty much keep a low profile exhaust or stock exhaust on if you have a SR20..or any imported motor..the reason for that is..its typical that the cop pulls you over for the modified exhaust. THey can and will use that as evidence that will allow them all the rights to pull you over and have you pop your hood. when you do get pulled over and you have a stock exhaust on, just leave a lil crack open on your windows that way you can talk to them, give them your license, registration, proof of insurance, and so that they can't stick their head's in and spot any other reason to pull you over..chance are they will ask you to get out of your car..just follow what they tell you and get out the car..roll up the windows and lock your doors. whatever they say about your car then, just ignore them....they will ask to search, or pop your hood. and tell them that you do not constent a search..and let them know can you be on your way now..if their isn't any evidence, they should let you go or give you some lame ticket that doesn't involve havein your hood popped...anyways..i've done this before, but i have a ka so i didn't really care if i had to pop my hood..i told them that. and all they told me was that they were lookin for a car similar to a description of my car and they thought that my car fit the description...i was like whatever and left. |
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| | #13 | ||
| Don't argue with me. ![]() | Quote:
Like I said, there's no fine like how other people I've met have recieved. It just says Mandatory Appearance. SilviaDriver: Thank you! Quote:
2. no 3. yes Topsecretgold: I understand that being compliant may have saved me a little trouble, but I am always silent in a traffic stop. I don't like admitting guilt. It's easier to fight a ticket in court, than on the street with a police officer. Sil-ABC: Thanks for answering that question! I actually planned on doing JUST that. When I said I'd tell the judge that the car would be registered non-op, I planned on already having a registered chassis waiting for the swap. Pitch: See, I don't like modifying my car to conform with CA law. It's just not my thing. I make my car look how I want it to look, run like how I want it to run, drive it safely on the streets, don't hurt anyone and take it to the track. If CA legislature thinks that's a heinous crime, I'm guilty. Call it "Non-violent protest". If I wanted my car to look stock, I wouldn't buy aero, or exhaust, or an SR20det. I don't think you need to make stock looking exhaust, if you wanted stock looking exhaust, buy stock exhaust. I just don't get that mentality. Spdfreek: I don't believe the people that made that ever lived in CA. They have laws here where a cop has legal right to demand you to open your hood, if your car makes even a bit of noise, or has a sticker . Mistaanime: Like I said, I don't give a rats ass, I modify my car the way I want. I don't agree with CA law, I don't agree with the double standards we are being given, and I won't comply. I will simply continue doing what I do, the way I do it. They didn't give you a ticket BECAUSE you have a KA. SR has a turbine in plain view, a cone filter and a BOV. | ||
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| | #14 |
| Zilvia Member ![]() | Many laws have to do with precedent. I found a definition of Warantless Automobile Searches (alot of legal jargon). If you can wade through it, I hope you get some help from it. http://www.answers.com/topic/automobile-searches |
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| | #15 | |
| Zilvia FREAK! ![]() | Quote:
__________________ http://img.photobucket.com/albums/v5...ct_7/image.gif There is a time in every man's education when he arrives at the conviction that envy is ignorance; that imitation is suicide; that he must take himself for better for worse as his portion; that though the wide universe is full of good, no kernel of nourishing corn can come to him but through his toil bestowed on that plot of ground which is given to him to till. -Emerson | |
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| | #16 |
| Premium Member ![]() | I know my friend pay the fine about a month ago and never went to the ref. He paid and nothing happen. Also, Even thought it say mandatory, you can still go to the court house's clerk window (where you pay tickets) and file for an extention. It will push back your court date. You can file once or twice I forgot for a limited amount of them (up to 3 or 6 months I think) |
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| | #17 | |
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| | #18 | |
| Zilvia FREAK! ![]() | Quote:
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| | #19 | |
| Post Whore! ![]() | Quote:
I'm studying to be a Deputy Sheriff, so I know most of the ins and outs of what they can, and can't do. | |
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| | #20 | |
| Post Whore! ![]() | I rememebr my friend got out of his ref ticket when he first got it with help of a lawyer becuase he said the officer just went and pulled the hood latch without asking and popped his hood without consent first.. but again he had the cash to see a lawyer.. *same guy who battled the cops to run away in sr20 s14 hahaha* got his car back too.. but i think having money plays a big roll in this. This situation is a little different, I think they might have strictend up the rules with paying bail fines. They might have realised that alot of people jus pay the fines and this doesnt fix the problem of illegal parts on the street. I think they are getting smart, they know the media coverage is vastly growing (movies, games etc) have been increasing interest in modified vehicles. Ive always had this idea to write to every magazine that cators towards performance modifications if they could maybe colaborate with thier readers to have a "send in" form for people to sign and be used as a petition to be used to take up to sacramento to abolish the "road side vehicle inspection" or get rid of "vehicle smog inspection" . Quote:
Getting rid of the car wont clear anything, I saw this kid in court with an integra who had ref tickets on it, and he told the judge he sold it, and the judge still enforced the fines becuase it happened during his ownership. also another kid had his car burn down after he got ref tickets, so he told the judge this and showed pics, and the judge also enforced the fines or correct the problem. Whatever you do, make sure you give notice if you cant appear, I forgot to appear one time and got a failure to appear, that cost me $500!! This is why im loosing interest in the 240s. I wonder if you can email someone @ sema for advice http://www.sema.org/ I doubt they would have ideas to fight it, but could at least find out if the "mandatory" thing is new or not
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| | #21 | ||
| Premium Member ![]() | Quote:
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| | #22 | |
| Zilvia FREAK! ![]() | Quote:
1. How much does it usually cost for a half decent traffic lawyer to handle something like this? 2. Is it a good idea to get on the phone with your lawyer the moment the police "request" you to pop the hood? 3. When a lawyer get involves, does the ticket disappeared completely? The reason I asked this is because these type of ticket does appear in the auto insurace database, and they use it to raise the rate. I came to know about this because a good friend of my step dad is a State Farm Agent. Thank you for reading. 0024
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| | #23 |
| The European Contingent! ![]() Join Date: Mar 2004 Location: I'm somewhere where I don't know where I am!
Posts: 1,422
Trader Rating: (0) | Also for all those without cash for lawyer: You have the right be represented by an attorney, regardless of if you can afford it or not. If you can't, you'll receive free public council. The quality of such council, however, may leave something to be desired. |
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| | #24 |
| Zilvia Addict ![]() | Im in georgia so I dont have to deal with this mess but couldnt you register the car out of state such as a southern area with no emissions? Also with 240sx's do they specifically look for sr20 motors or also rb25 or any other such as ca18. I just want to get a hold of things because I might be going to a college in socal. |
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| | #26 | ||
| Don't argue with me. ![]() | Quote:
Quote:
Last edited by TheSquidd; 09-15-2006 at 12:32 AM. | ||
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| | #27 |
| Zilvia Addict ![]() | Is your engine bay flashy at all? I was planning to paint all polished aluminum with high temp black paint as well as my intercooler. Maybe I could risk it and just keep it stock as possible with a silencer. Body is stock so thats nothing to worry about. Thanks for the insight though. |
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| | #28 |
| Zilvia Addict ![]() | go to the ref. and find a tech and offer him $500.
__________________ http://img128.imageshack.us/img128/41/26hp1.jpg |
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| | #29 |
| Zilvia Addict ![]() | First, you should have asked what he pulled you over for. given that, had he not answered correctly, or said something other than exhaust, gives you the right not to pop your hood. if he said exhaust, then you are kind of obligated to. even then, you can still deny him the pleasure of having the hood popped. they do have to get a search warrant, but they can impound your car. if the officer says " please pop your hood or i will have to pop it for you, in effect, may end up damaging your car etc etc." tell him no, i will not pop my hood. if he goes in and pops it for you, illegal search and seizure, without your consent. fight it as much as you can, some cops will just let you be on your way, some will hassle you. in your case OP, it sounds like you just got caught at the wrong place, wrong time. you should just swap out stock real quick, and be on your way. if you have to go to court to fight it, dont you think the fines will be higher than the cost of buying another KA and putting it in, and paying the 30 dollars to have the ref smog your car?
__________________ pulling outta the game: http://www.zilvia.net/f/showthread.p...wpost&t=119867 parting out, just let me know. |
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| | #30 | |
| Don't argue with me. ![]() | Quote:
A. Had an exhaust leak. It's what he pulled me over for, he even stated at the end of the traffic stop that was the reason he pulled me over for. Except that he thought it was my actually exhaust noise. B. You can deny a CHP to pop your hood, but they WILL impound it and search it anyway, and probably mistreat it, and probably give you even MORE tickets. C. I dont think I can afford (in time AND money) to swap out an SR20 back to the KA, take allllll the modifications off, get that KA to pass smog, and the ref STILL charges between 100$-350$ (based on information from this thread, and from people I've spoken to). | |
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