316.272 Exhaust systems, prevention of noise

[Shadow]

Originally Posted by Hot Pursuit

Sound's like BS to me (the officers statements). The cop mustv'e been trying to make a point, but chose the wrong way to make it. It's things like that which make the people on the fence become hostile to LEO. It sounds like a poor interpretation of the statute to me. At best the error was that the infraction could be cited, but impounded? Hopefully that situation ended with a simple cite or warning and the parting of ways...... Based on what was presented here I would go with a Careless operation, or written warning. Better to err on the side of caution and cite lower rather than higher.

I agree and it was. A pure bluff It ended with a "verbal warning"

Better to err on the side of caution and cite lower rather than higher

Absolutely!

[Hot Pursuit]

Originally Posted by Shadow

I agree and it was. A pure bluff It ended with a "verbal warning"

Better to err on the side of caution and cite lower rather than higher

Absolutely!

I try to follow the golden rule, treat others like you wish to be treated. I do basically believe what goes around comes around.

PS, I'm waiting for some people to get it and I hope I see it happen

[Rich Z]

Originally Posted by Hot Pursuit

Well, it is questionable if it could be seized as evidence. I would just try to talk them into submitting it voluntarily rather than simply taking it. Each scenario would be different. But yea it would be good evidence.

Actually what I meant by this was if a private citizen saw two cars engaging in a road race in an obviously dangerous area to bystanders and happened to videotape the race, could that be turned in to nail the idiots? No, I'm not the squealer type at all, but if someone is engaging in something that is going to get laws passed to further restrict MY freedoms when they KILL someone, then I would be sorely tempted to step up to the plate and take a swing at them. I'm sure I wouldn't be very popular with the racer dudes, but that's the breaks.

[Shadow]

Originally Posted by Rich Z

Actually what I meant by this was if a private citizen saw two cars engaging in a road race in an obviously dangerous area to bystanders and happened to videotape the race, could that be turned in to nail the idiots? No, I'm not the squealer type at all, but if someone is engaging in something that is going to get laws passed to further restrict MY freedoms when they KILL someone, then I would be sorely tempted to step up to the plate and take a swing at them. I'm sure I wouldn't be very popular with the racer dudes, but that's the breaks.

Rich,

It's possible but unlikely since the act itself is a misdemeanor.
It's also possible that the SAO could direct file the case based upon that evidence, but again, for now, I wouldn't hold my breath (unless it became a political hotcake).

The more likely scenario would be that the department would analyze the tape for tags, vehicle descriptions, names, whatever they could get, and use the intell to build an on scene case against the idiots. At least thats what I'd do with it.

[Hot Pursuit]

Originally Posted by Shadow

Rich,

It's possible but unlikely since the act itself is a misdemeanor.
It's also possible that the SAO could direct file the case based upon that evidence, but again, for now, I wouldn't hold my breath (unless it became a political hotcake).

The more likely scenario would be that the department would analyze the tape for tags, vehicle descriptions, names, whatever they could get, and use the intell to build an on scene case against the idiots. At least thats what I'd do with it.

In this area it is a bit of a political hotcake. If there were clear faces in the video and clear tags there's a good chance they would at least forward charges to the SAO (State Attorneys Office) to hash it out in court. It's very hard to video them (the racers) though because they know the general consensus is that it's not too well liked (street racing). If you tried to video them you might get into a pissin match with them and that would not be cool. Best thing is to get on the horn to the police and let them see it for themselves since it is a midemeanor, and it has to be witnessed by a LEO to make a warrantless arrest.

[mEICALNISSYEN]

Been reading this post with interest, I just got a loud muffler ticket and the circumstances did kinda suck
the LEO has hills county, and did state "I thought you'd be 17"
so a bit of profiling, I'm gonna be fifty in april !! I was driving fine as I usually do, but my car is a corolla with a body kit and incomplete paint, so i am leading with my chin, I understand that.
I get this citation on veterans day with my army PT jacket on the seat and I gave him my VA employee card ( I work in the ICU'S there. kinda suprised me he wrote it up

To the other LEO"s out there,
If I obtain a statement of "not that damn loud" from another officer, should I attempt to have this dismissed in court??

Thanks in Advance

[silverback]

Just think about coupling this law, with the new proposed pollution law, I see that the state is thinking about adopting the California emission rules. Will
this effect those of us who have aftermarket headers and exhaust systems.
Kind of makes my head spin.

[Rich Z]

I don't think there is really anywhere in Florida where there are issues with air polution like there is in California. There aren't any deep valleys where inversion layers can trap smog underneath. The state is just too flat for that to really ever be a problem. Not unless the Gulf of Mexico becomes polluted enough to affect the atmosphere, in which case we're all going to be in such deep doo-doo that worrying about our exhaust systems will be the last thing on our minds...

[Shadow]

Originally Posted by Rich Z

I don't think there is really anywhere in Florida where there are issues with air polution like there is in California. There aren't any deep valleys where inversion layers can trap smog underneath. The state is just too flat for that to really ever be a problem. Not unless the Gulf of Mexico becomes polluted enough to affect the atmosphere, in which case we're all going to be in such deep doo-doo that worrying about our exhaust systems will be the last thing on our minds...

Unfortunately, none of that will or does matter

When the tree huggin', no nut sack politico's get it in thier heads that this is the way we need to be "lead" that's what will happen. If we want to stop it, I suggest people start NOW writing, calling ad e-mailing thier respective representatives with thier opposition. Give them facts not lip service.

Just think about coupling this law, with the new proposed pollution law, I see that the state is thinking about adopting the California emission rules. Will
this effect those of us who have aftermarket headers and exhaust systems.
Kind of makes my head spin.

It depends on exactly what the state does?

If the state makes it retroactive, yes. There will likely be a cut off year as there was before, but you'll likely need a C4 or earlier to qualify.

Then again, the aftermarket has made inroads in Kalifornia with CARB approved performance equipment. You'll just have to make sure your headers and such meet "code."

What it will do, is give law enforcement another "tool" to misuse and abuse

I'm all for "tools" when they are used for good. Unfortunately, as we saw with the feds and thier warrantless eavesdropping and searches, abuses do happen.

Another reason for a warrantless "search" (aka: inspection)

Sorry guys, but BTDT and seen it happen. None of the guys and gals I know personally would do it, but I I've known a few over the years that have