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Old Dec 7, 2004 | 04:34 PM
  #1  
RomerB2's Avatar
RomerB2
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From: Bixby, OK
Guys, I got a problem:

Today I was on my way home from school and I notice some pretty red and blue lights in my rear view mirror, so I pull over and he says my exhaust is too loud. I have a 2.9L V6 with one flowmaster. I don't see how this was too loud. I have to go to court Jan 11th to fight it, or to pay. He says that when my guy installed my muffler, he should've told me that it was against the law, but he didn't. Also the PO said that state law was exhaust could not exceed OE loudness, I've heard that they can not pull you over for their ear. Any suggestions on how to fight this?
 
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Old Dec 7, 2004 | 07:42 PM
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Get a dB meter and check it, get a copy of noise laws from the state patrol. If you are over it, read your reciept from the shop. If you signed saying you take responsability then you might have to bite the bullet. If they never explained or warned you, then you can try telling the judge that.
 
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Old Dec 7, 2004 | 08:01 PM
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From: B/CS, Texas!!
Well, is it real loud? Man, that sucks. Do you know much the fine is? I think if noise is heard 50ft or more, its a violation. Check your city's ordinance. If the muffler shop didn't inform you of any legal issues, bring them to court.
 
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Old Dec 7, 2004 | 10:06 PM
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From: Bixby, OK
I paid the guy at the muffler shop in cash, for one flowmaster 40 series. No paperwork at all. I don't think it's real loud at all. I had completely open exhaust for 6 months, but got the flowmaster put on last month. Never got pulled over before. My exhaust is about the same as the newer V8 mustangs. I don't understand how come a Harley Davidson doesn't get in trouble, they can rattle you out of your seats, but I drive by and he hears me, so he pulls me over? I've researched this a little bit and I've seen that the cost is about $150. The cop said that it most likely wouldn't go on my record. If you're ever in Oklahoma, don't go south of Tulsa into Bixby, the cops are stupid.

When the cop pulled me over he asked me if I knew that it was illegal to have your exhaust louder than OE specs, and I told him I didn't know that, I knew it was against the law to go over a certain dB level at a distance. This and, the shop didn't tell me it was illegal, maybe I can fight this, or at least get it lowered. The part that sucks though, is the cop said it would probably be better if I got a new muffler, but I spent $130 on my exhaust, and it's all welded on, I would have to spend more money and get a crappy muffler, and have that welded.
 
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Old Dec 8, 2004 | 08:23 AM
  #5  
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I have had the same problem in NY. I have a 1968 cougar with a 351 one in it and dynomax exhaust system i have been pulled over and warned for it many times.but the reason the harley truck and the mustangs dont get in trouble is becuase that is OE not aftermarket.. I think the only way to fight that is to read the laws and see if there is a loop hole. I think the cop has to have recorded how loud your exhaust was like when u get a speeding ticket they use radar. If not it's just his opinon that its to loud and last time i looked that was in the law books. Good luck ! btw i wouldnt change the exhaust.
 
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Old Dec 8, 2004 | 09:18 AM
  #6  
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fordtrucklover94
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From: Charlotte, NC
I would definately measure how many dB your exhaust is, compare that with whats in the books and fight it. A cop can't judge by ear, if he were to judge my speed by eye, would he have any right to pull me over? They need to have to measure it with something, fight it, and don't change your exhaust.
 
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Old Dec 8, 2004 | 11:37 PM
  #7  
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From: Bixby, OK
Thing is he came up to me and asked if it was louder than when I got it, I'm almost 18 and this was made in 90, so I don't know what it sounded like with OE, I was about 7 or 8 and I didn't own it, but when I got it there was holes in the muffler making it loud. The cop had no devices to measure how loud I was, he just said he heard it when I drove by him.
 
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Old Dec 9, 2004 | 12:15 AM
  #8  
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they dont need to measure it, thats stupid, anyone can tell if its noticeably too loud. and another thing dont bring the muffler shops into your problems because one of these days shops wont do any sort of work for us besides replacing stock equipment so its all 100% legal, just keep your mouth shut and pay your fine.

i know that your exhaust is no where near being loud because ive heard that setup before but its the cops call.
 
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Old Dec 9, 2004 | 11:16 AM
  #9  
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A point has been brought up, cops do not need to measure with any tool to pull you over. They can pull you over for speeding based on a visual estimation. They also can pull you over if it is noticeable at a certain distance. This is because they go through the academy and take a test on all the laws of the state they will work in. Paying cash was a big mistake, looks like you will be taking the ticket.
 
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Old Dec 9, 2004 | 12:18 PM
  #10  
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fordtrucklover94
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From: Charlotte, NC
so when a cop were to visually pull you over for speeding, how well would that hold up? On the tickets they have to put the speed you were clocked at, don't they. I recently got my first ticket, 55 in a 35, a bs call, but i've already run another forum on it so not going into it. If his radar were out of calibration, wouldn't that be considered a wrong call? What if you are traveling the speed limit, he looks at you, pulls you and says you were speeding, is that a correct call? How can he prove it in court? I'm not trying to start an arguement here, but it just seems retarded that they can pull you based on visual and audible measured items without the aid of a machine.
 
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Old Dec 9, 2004 | 12:56 PM
  #11  
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Saurian
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From: Centerville, Iowa
A test was performed in Florida (I believe) with Highway Patrolmen doing visual estimates on speed during the day and at night. The cops were +/- 20mph or so during the day, and at one point they were +/- 40mph at night. Don't have weblink anymore.

Visual/Auditory determination is not valid. They have to have you measured, and measure you against a set scale which you must violate.

You say it had holes in the muffler before. Tell the judge that. He asked if you knew it was louder then OEM, say that when you got it it had holes in the muffler and the flowmaster quieted the racket down.
 
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Old Dec 9, 2004 | 11:54 PM
  #12  
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From: Bixby, OK
The flowmaster really quieted it down whenever I was running it open, the holes in the muffler caused a sound that made me naucious, so I removed the muffler for a while. I'm just not seeing how, if he didn't need a measuring device to tell it was too loud, then how come he didn't pull over the V8 '04 Mustang with flows that was in front of me. It was a lot louder than mine, and I didn't floor mine to make it loud or anything, I barely even accelerated up to 20 whenever he pulled me over.

wickymustang: "This is because they go through the academy and take a test on all the laws of the state they will work in."

The city this happened in, only requires you to have your GED, then they have their own "training" which is bs in itself, they also require no previous experience. Every other city around here requires a 4 year diploma from a college, and 2 years experience.
 
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Old Dec 10, 2004 | 06:29 PM
  #13  
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I'd show for court and plead my case to the judge. Can't cost more than the fine. If you've not been in trouble, he may throw it out or do a deferred ajudication (sp).
 
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Old Dec 10, 2004 | 07:12 PM
  #14  
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You can perform a lot of tests, but they can pull you over based on a visual estimate. If they do a visual you obviously have to be really hauling A$$. Not trying to start a fight here, but I know this since there are a lot of cops in the family.
 
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Old Dec 10, 2004 | 10:50 PM
  #15  
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RomerB2
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From: Bixby, OK
Today I talked to the Police Captain's (or whatever they're called) son, and he's really big into police stuff too, anyways I talked to him and he said they hardly ever pull someone over for loud exhaust. He said my fine will probably be lowered, if not totally taken off. He also said it shouldn't go on my record. So that I'm thankful for, but I don't want to put the money up for this. Either way, I'm keeping the Flowmasters, unless ordered by the judge to take them off, and show up in court like a month later with a new muffler lol. Thanks for all the help.
 
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