So I got another improper fucking muffler ticket today. A cop sees my car from the opposite side of the road and u-turns just to follow me and look for something wrong with my car. He also checked for working e-brake, horn, etc etc.
I’m gonna fight it to the end and I’m gonna update you with exactly what I plan to say as my defense in court. According to the HTA section 75(1) – the section corresponding to the HTA violation written on the ticket:
Muffler
75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).</b>
To start things off, my exhaust is an Apex’i N1 catback- so it’s not some bullshit ghetto exhaust. I have a cat, resonator, and muffler which does in fact does muffle the sound of the engine. If i took my exhaust off for any cop there is no way they could disagree. There is no set dB limit written here, so to say that my muffler is ‘too loud’ isn’t enough to write me out an HTA violation.
He didn’t inspect my muffler. He didn’t check for a catalytic converter or resonator. He didn’t actually look for anything on my car that actually corresponds to section 75.(1) in the HTA, so as far as I know, he had no right to give me the ticket.
Any input from you guys would help, of course, this way we would all have a reliable, “100% win” defense in court for this crap that cops are wasting their time on.
If the defense actually holds up in court it would be awesome if we could sticky this or something for convenience.