Advice on Two Minor Tickets

SON240sx Automotive
1

The tickets were for Improper Muffler and No Horn.

Small story (trying to keep it short, but also am providing details) as to how this happened. On October 6 / 2012 around 2pm, I had just got on the Linc from Garth Street in Hamilton. Heading West towards Brantford. Just after merging onto the highway, maybe did a km or two, and I see flashing lights a little ahead. Of course I cautioned myself, but wasn’t really worried since I wasn’t doing anything wrong. There are three lanes and the side shoulder. I was doing about 100 km (under 3000rpm) in the middle lane. As I am coming closer to passing the cop and the person he had pulled over, I see that he has was just heading back to his cruiser. The car he had pulled over was a white subaru wrx (lowered,exhaust,rims,etc.) and I thought to myself, sucks for him because he was probably singled out for the vehicle he was driving. Seemed like a younger driver 20-25ish. So as I pass where this was going on, I can see in my rear view the cop still walking back to his car. The moment his door closed he was already merging onto the highway. Right then I had a bad feeling. Slowly I see him gaining on me. Eventually he got close but there were still some cars in the way. He threw his lights on and off a few times for cars to move out of the way until he was finally right behind me. The cherries come on and I am pulling over on the side of the road just by the Fiddler’s Green exit in Ancaster.

As he approaches my vehicle, he asks me, " do you know why i pulled you over " , I replied " no i beleive i wasn’t doing anything wrong " he says “your right, i pulled you over because you have a modified vehicle and i wanted to check that everything is in order”. Asks for my paperwork which I provide everything for him. Goes back to his car and checks that everything is in order. He returns and hands me my papers and then he walks around the car a few times and comes back to my window. “can you start your car please” , so i do, he says " the exhaust is a little loud" i replied, “I have a valid emissions for the vehicle with the current exhaust”. He says “its too loud, thats ticket number one”. “you have an aftermarket steering wheel, does your horn work?” i reply " no the horn is not hooked up at the moment but it is being fixed the upcoming week" he says “its a violation so i will have to give you a ticket, thats number two.” Proceeds to check that i have a working parking brake (start car, pull e brake, drop the clutch out let it stall) also checks that my turn signals etc are working. Both items check out fine. Says he can take my plates and have the car towed, but will cut me a break and not do that. Tells me he will need a minute. Goes to his car and when he returns gives me two tickets, one for improper muffler and the other for no horn. We chatted for another minute or so afterward, i was asking what could i do about the tickets, exhaust, etc. says “add a resonator”. says to me “how do you think i feel when me and my wife are trying to sleep and at midnight there are cars like yours driving by my house”, I asked about harley davidsons and what they do about those. He says they give tickets to them as well and that their bikes are modified to be loud and that its not from factory like that. Anyways proceeds to his car and we are both on our way. He ends up following me for about ten minutes afterward, riding my ass and making turns wherever i went(without a signal, i can see from my side mirrors). Eventually he pulls a u-turn and is then gone.

Sorry if this is getting long, I need advice so am trying to provide enough information about the incident. Overall the cop was sort of an ass, wasnt raising his voice or anything, just the way he was approaching the situation. I spoke calmly to him the whole time, didnt want to upset him by being mad or anything. I am not mad about the tickets, more upset that it feels like I was singled out or profiled because I am young and due to the vehicle. As i stated earlier, before i was pulled over he had a “modified” subaru pulled over. Im guessing the driver received similar tickets, but I do not know.
He used the words modified and aftermarket several times, seemed like he was after those kinds of vehicles a lot, easy tickets.

I agree that my exhaust is a little loud, but I wasnt flooring it making it scream or anything, so what justifies “too loud”. I agree that I need a working horn, so that ticket is fine. Just wondering what can I do about these tickets in order to have them dropped. If I fix the issues and meet with the prosecutor will these tickets get dropped? Or do i have to go to court for this? This is the first time something like this has happened so I am unsure as to what I am supposed to do about it.

Thanks to those who went ahead and read all that, any advice would be much appreciated !

---------- Post added at 02:06 PM ---------- Previous post was at 01:56 PM ----------

On a side note, I DO NOT drive my car like an idiot. I enjoy owning/driving a vehicle that I have put time and money into. I can understand that these nissans attract some attention, which is why I OBEY street laws and DO NOT SPEED, DO NOT RUN STOP SIGNS, ETC. I DO NOT hit big parking lots or factories and slide around or ANY of that. I SIGNAL lane changes and all that.

These two minor tickets are the FIRST tickets I have ever received in my nissan. I have been involved with nissans for 6+ years and 3+ years have been daily driving. FIRST time getting ticketed in my nissan. All cars in those times were “slightly modified” as some would say, and i was never really harassed or issued tickets due to exhaust or anything (which all cars had catbacks). Even when cops would be cruising beside/behind me, I was always left alone.

2

there is no actual listed decibel reading for unnecessary noise due to exhaust. go into court and ask them how they can give you a ticket on unnecessary noise when their is no set decibel reading.

i just recently got 2 for unnecessary noise and fumes.

3

it says decibels have to be less than 95 decibels at all times (any weather/temperature etc.)
^ in the HTA.
If he measured the sound, then you’re screwed for that, but if not, then the cop can go fuck himself.

As for the horn, it may be a 100% faggot dick move on his part but it is part of the rules… can’t pass safety without a horn, and it is the driver’s responsibility to have everything in safe, working order etc. from the law’s point of view.

I guess he thought you and the Subaru were associated in some way (maybe a street racing call right before…).
That’s just bad luck man.

Best of luck though

4

The hta specifies mufflers emitting “excessive noise” it is worded like that so it is at the officers disgression. I was going to argue that these tickets are given without a quanifiable result like speeding or impaired driving but the muffler law does not work that way. The 95dB limit is in the states.

the horn fix is easy here:
http://importnut.net/steeringswap.htm

5

As has been stated, your horn wasn’t working so all you can really do there is fix it and pay up. The muffler is a grey area. I’ve fought that one several times and what it comes down to is the charge is 100% officer discretion. If its not stock they can give you a ticket for “improper muffler” or “excessive noise”. No DB numbers to judge by. I once had an officer put. Tape measure ~7’ into my exhaust until it hit the cat.

If its your first time with the muffler ticket and worth your time I would say make an appointment to see the prosecutor. If you plead a decent case they will likely cut it in half, but not once have I had it dropped completely.

Good luck!

6

take it to court I even took parking tickets to court and won in your case for the horn its a safety thing but muffler bs will get thrown out easy

7

Best site for information relevant to ontario traffic tickets.

http://www.ticketcombat.com/

8

or get a shop to make you a bs work order for fixing/changing your muffler, show it to court and walk away

9

lmao i saw that same WRX and cop, so you must have been right behind me

10

Thanks for the input everyone. And either way I will be fixing both items. Horn will be fixed tomorrow by a shop and the whole exhaust will be changed up by myself in a few days. I will be putting a stock placement in for the time being. Only a month left of driving anyways before its time to put the car away until spring. Then over the winter I can make plans for a different exhaust set up for the spring.

Horn will be in proper working order and exhaust hopefully done by the end of the weekend if I can manage to find one that soon. And only thing about a work order to prove that the items were fixed is that the licensed mechanic has to put their name on the line, so everything would actually have to be in working order and compliance for them to write me up something legit.

Searching around and reading up on the internet, I have decided for now that I will fix both items properly and go see a prosecutor with all the documentation needed the upcoming week. Maybe they can drop a ticket, or hopefully both. If things dont go according to plan, I may possibly take this to court.

Another question I forgot to ask in my initial post. Do any of these tickets affect your insurance rates / stay on your record with insurance???
Also, do I have to notify my insurance about these if I am forced to pay / plea guilty to these offences???

Any info is appreciated, will help myself and other drivers next time they are searching through the forums.

11

wont affect your insurance
if i were you when you go see the prosecutor just tell them you got the car recently its your first car you can affrod the exhaust came like that youve now fixed it
and as for the horn say your car was broken into and they cut the wires or stole the old wheel and you could only afford to buy the wheel first and now have taken care of the horn.

some prosecutor could be assholes and not care if youve fixed it or not so if you have a good story to as why it was like that in the first place they would be more lenient on you

good luck anyways

12

Thanks. Wondering if it would be possible to say that I just had an exhaust leak from hitting a bump in the road or something and that I had it welded properly and everything is in order. I am replacing the exhaust anyways, but Im just trying to avoid saying that I had anything aftermarket on the vehicle incase insurance were to find out.

13

best is before and after pictures showing your liscense plates

its better to say it came liek that when you bought it.
cause aftermaket is after market and the cop can say its too loud

but if u have a picture supporting it with a new muffler and with a silencer inside the muffller so no big hole that should be fine
i got hte ticket a couple times and i just said that i changed it and showed pictures or recipte or both

14

put both of them in court, provide a bill stating u fixed them and they both get droped, works everytime for me, ive had 7 loud exhaust, improper mufler, , i just ask the service writer at my dealer to write me a bullshit work order, stating i fixed it, yea rite always works!!

15

My buddy got a muffler ticket in his boosted integra. He found another integra that was the same colour as his and took pics of its stock exhaust and muffler. Brought them to court and made the cop look like an idiot because the cop had no evidence against it. Charges were dropped

16

If I take things to court, does that cost me money at all? court fees or anything?

And if going to court, am I there claiming that these tickets were falsely given, or am I
there to prove that I have fixed the following? cause even if fixing the following, isnt that
still considered guilty? Or am i showing that i have fixed the items and tickets are not necessary?

Sorry if these are stupid questions but I am new to this and have never disputed a ticket
in court. Don’t like court rooms and the law makes me nervous. You never know what they
got up their sleeve. I hope all this information will be useful to others as well. Any other
suggestions and/or information are welcome.

17

all costs of the court system are burried in the tax system and your not responsible for any costs that day except loss of income and transportation to/from courthouse…

and yes fixing them is sort of a “guilty with explaination” sort of deal, whereby you admit your wrongs and admit they have been corrected,

likely outcome; offer to withdraw 1 infraction and offer to pay 1

18

just go to court by your self.
bring enough vesline and bend over for him.

oh dont forget to wear your boxer backward for easy access.

19

^ +1 haahhaah, and i agree with s13gg they will probably throw out one of the tickets. that is most likely your best route to take at this point. just show that you got it fixed shortly after being ticketed and did not wait a long time…

20

Got the horn working and will be installing a stock exhaust over the weekend.
Meeting with the prosecutor next week to see what will happen.

Hopefully they drop a ticket then and I won’t have to go through the court process.
Thanks for the replies and I will let you guys know what the outcome was in a week or so.