View Full Version : got a ticket for 'modifications' today, what to do?


M3boarder
09-14-2005, 05:27 PM
so long story short, as im turning on to golden lantern today i get pulled over for my exhaust. he then told me my exhaust (AA gen III) is too loud, and my windows are too dark (they are tinted but NOT that dark), i then have to pop my hood where he writes me up for the "tinted windows," "loud exhaust," and "altered intake system." f*cking lame, the funny thing is that three more cop cars showed up after him, apparently orange county cops have nothing better to do than to gather in masses to give people fix it tickets. but anyways, i have to get my car re-smogged i guess because my aa intake wont pass visual, and i dont know what im supposed to do about the windows. does anyone know the law with drivers side window tinting? also is the AA gen III exhaust illegal? god i hate cops, such bitches :rolleyes

jpsM3
09-14-2005, 05:48 PM
That sucks....I know in California it is illegal to have any of front windows, driver/pass or windsheild tinted. With the exception of the very top of the windsheild...And I am pretty sure the AA intakes arent CARB certified yet, so it probably would fail a visual smog check, but sombody correct me if Im wrong on that. Ill be in the very same situation if I get pulled over by some bored cop....

In fact, if you into reading legal stuff, check this out

http://www.dmv.ca.gov/pubs/vctop/vcpdf/12.pdf

Page 31 and 32 talk about tint and exhaust

Captain
09-14-2005, 05:52 PM
damn and AA Gen III is supposed to be a quieter exhaust.

M3boarder
09-14-2005, 05:53 PM
even if it was the same volume as stock i think he woulda pulled me over just cuz it looks modified. does anyone know if the AA gen III is illegal to have on ur car?

jpsM3
09-14-2005, 06:19 PM
Exhaust must be less than 95db, then it is in compliance as far as sound goes. And, as long as it is a catback system, there is no effect on emissions so that shouldnt be a problem. It is up to the citing officer to decide whether or not your exhust is loud, so even if you were stock, he still could send you off to get it checked.

active9x
09-14-2005, 06:30 PM
I have a triflo which is uber loud. I haven't got pulled over yet. :rolleyes but it only a matter of time before they get me :devillook I know for a fact the triflo is too loud. Clumpymold has one and he got fined, from what I read. So I am going to be in the same boat as you :(

The-Great-328ic
09-14-2005, 06:35 PM
that's why you have to go with Dinan, all smog legal :)

haha, seriously it sucks, I hate it that cops pull people over for insignificant things :mad:

Imperialduckm3
09-14-2005, 07:40 PM
Doesn't matter if its Dinan or legal. With the new laws, it fall on the officer judgement if its legal or not. You can have the CARB stickers and its within the 95db, doesn't mean jacked to the officer who's having a bad day, his wife left him for another man (who by the way drives a BMW), then his dog got ran over trying to chase away her lover only to get ran over by an M3 :)

So basically you're screwed..

slickav
09-14-2005, 08:36 PM
bunch of fags

Go stop some actual crime

erikerikerik
09-14-2005, 09:39 PM
I 've wanted to point this out but something always got in the way of me posting this. The 'loud,' exhaust assums that you're guilty. Now problem is in this great country a citizen is innocent untill PROVEN guilty.

As for loud, this is an opionion. As such what is loud to you might not be loud to I. That is why their are DB levels we all go by. I could go on and on but I'm on a shitty laptop and its tuff to type.

BiMMa b0i M3
09-14-2005, 09:53 PM
exhaust systems and cai systems should not be illegal. ive talked to plenty of smog techs, and they said that the exhaust systems do not alter the emission of the automobile (unless your running a straight pipe), and the cai does not affect smog either depending on the type of the setup, the cai does not affect emission as well, only the visual, but most smog techs dont care about the visual. the ones that are anal as hell with emissions are state referees.

JETninja
09-14-2005, 09:58 PM
That's why I have a large mirror and drive with low revs around cops. Often with my window down too so they can see I'm no kid (sorry guys!) but an older working stiff why his just due toy. I have the whole AA kit, same thing If I get pulled over....I will be looking for a Euro Airbox soon....

You can buy a sound meter at Ratshack, take some readings and maybe you can fight some of it.....

JM3
09-15-2005, 02:27 AM
my tri flo is much louder at lower Rpm's. it even drones just a tad. When I see a cop I just drive normally keeping the revs up a little bit higher. I think my exhaust is more noticeable when it is droning then at mid range rpm's.

It has been in my experience that cops don't hassle you unless you are doing something blatantly wrong. I've been tailed by cops for miles with my tri flo and nothing. I even got pulled over for suspected DUI and the cop didn't say crap about my exhaust. He did happen to mention that I didn't have a front plate though.

BiMMa b0i M3
09-15-2005, 02:31 AM
man that sucks

The-Great-328ic
09-15-2005, 02:53 AM
Doesn't matter if its Dinan or legal. With the new laws, it fall on the officer judgement if its legal or not. You can have the CARB stickers and its within the 95db, doesn't mean jacked to the officer who's having a bad day, his wife left him for another man (who by the way drives a BMW), then his dog got ran over trying to chase away her lover only to get ran over by an M3 :)

So basically you're screwed..


I don't think it matters what the officer "believes" what's legal and what's not. The law is the law, and if you have smog legal CAI or a smog legal exhaust, they can't do nothing, you can go to court and have the charges drop

Don Nguyen
09-15-2005, 02:59 AM
I think technically having any type of non oem/aftermarket exhaust is illegal.

erikerikerik
09-15-2005, 03:26 AM
I think technically having any type of non oem/aftermarket exhaust is illegal.
False.

M3boarder
09-15-2005, 03:47 AM
False.

explain please :) ...i would like to at least get the exhaust infraction dropped but i need to know how to do so.

the intake im not worried about because i can just put in the stock airbox for the inspection then swap it back. on the other hand, i do not have my stock exhaust anymore and it would be a pain to get one just for this crap :rolleyes

Jordan94530i
09-15-2005, 03:55 AM
I think technically having any type of non oem/aftermarket exhaust is illegal.
If the car has a cat, as long as the cat isn't moved from the stock position, and the muffler too, you are ok to have an aftermarket exhaust. If they really wanted to get picky, which they will, they can write you up for having your cat 1inch farther forward or back from stock.

Window tint, the legal limit for driver and passenger glass is 70% in CA.. which is more like a light layer of dust. I have 5% :D

bunch of fags

Go stop some actual crime.

Well actual crime would mean they may get shot at or possibly hurt/killed. they can make the same money writing fixit tickets ;)

M3boarder
09-15-2005, 04:58 AM
cool, thanks for the info :) ...sooo what should be my next step in getting my exhaust cleared? (i.e. where do i go? what do i have done?)

SStan
09-15-2005, 11:00 AM
You have to go to a Bureau of Automotive Repair station and have the noise measured after paying fees, see here http://www.smogcheck.ca.gov/stdPAge.asp?Menu=/includes/Menu_GenInfo.htm&Body=/Geninfo/Factsheets/Vehicle_exhaust_Noise_Level_certification-Sep_2003.htm

On window tint I believe any aftermarket tint is illegal on the front side and windshield glass except for the upper windshield strip as mentioned. If it is an OEM factory tint then it is legal.

On your fresh air intake, no CARB EO number no pass smog, at least for OBD2. I know you can go to the CARB website and find which intake brands have EO numbers.

I believe the referee station will handle the air intake ticket too along with the exhaust, not sure about the window tint. Thats probably just a fixit ticket, remove the tint and have any LEO sign the ticket off and mail it in.

active9x
09-15-2005, 12:37 PM
my tri flo is much louder at lower Rpm's. it even drones just a tad. When I see a cop I just drive normally keeping the revs up a little bit higher. I think my exhaust is more noticeable when it is droning then at mid range rpm's.


:werd:

method829
09-15-2005, 01:20 PM
On window tint I believe any aftermarket tint is illegal on the front side and windshield glass except for the upper windshield strip as mentioned. If it is an OEM factory tint then it is legal.


i thought you could have tint but only 70% visibility

BaLLZacK
09-15-2005, 02:58 PM
What I don't understand is that they pull over cars with loud a exhausts but those damn deffening harley/cruiser bikes, dont get $hit. Why don' t they have DB limit for bikes?

ALi

uberpanzer
09-15-2005, 03:04 PM
I don't think it matters what the officer "believes" what's legal and what's not. The law is the law, and if you have smog legal CAI or a smog legal exhaust, they can't do nothing, you can go to court and have the charges drop
WRONG!!!! The wording of the law now allows an officer to cite you for an exhaust that he BELIEVES to be too loud, putting the burden of proof that it is under 95db on the defendant. It has NOTHING to do with emissions (ie smog legal). Most exhaust tickets are noise, not smog related. The few that ARE smog related have to do with the cat or O2 sensor being removed or bypassed.

e36is4me got cited for having an exhaust that was too loud (cat-back Rogue IIRC). He went to the referee and failed, so he had to put his stock muffler back on. Went back, got it retested, and they signed off his ticket. But he also just had the can mufflers and no resonator after the cat.

NegativeCamber
09-15-2005, 03:23 PM
bunch of fags

Go stop some actual crime

yea, i bet the a$$ has a f'in loud mustang at home.

SStan
09-15-2005, 03:26 PM
i thought you could have tint but only 70% visibility

Cali VC http://www.dmv.ca.gov/pubs/vctop/d12/vc26708_5.htm and http://www.dmv.ca.gov/pubs/vctop/d12/vc26708.htm cover window tinting aka transparent materials.
26708 (d) is the kicker, in order to have tint on the front side glass you have to meet all the requirements, not just one of them

(d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:

(1) The material has a minimum visible light transmittance of 88 percent.

(2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

(3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.

(4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.

(5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.



Also be aware of VC 26710, doesn't happen much but it is the police's option if you piss them off :stickoutt

26710. It is unlawful to operate any motor vehicle upon a highway when the windshield or rear window is in such a defective condition as to impair the driver's vision either to the front or rear.

In the event any windshield or rear window fails to comply with this code the officer making the inspection shall direct the driver to make the windshield and rear window conform to the requirements of this code within 48 hours. The officer may also arrest the driver and give him notice to appear and further require the driver or the owner of the vehicle to produce in court satisfactory evidence that the windshield or rear window has been made to conform to the requirements of this code.

amdspitfire
09-15-2005, 03:27 PM
my tri flo is much louder at lower Rpm's. it even drones just a tad. When I see a cop I just drive normally keeping the revs up a little bit higher. I think my exhaust is more noticeable when it is droning then at mid range rpm's.

It has been in my experience that cops don't hassle you unless you are doing something blatantly wrong. I've been tailed by cops for miles with my tri flo and nothing. I even got pulled over for suspected DUI and the cop didn't say crap about my exhaust. He did happen to mention that I didn't have a front plate though.

think your all badass right? :lol

jaramill
09-15-2005, 03:43 PM
also is the AA gen III exhaust illegal? god i hate cops, such bitches :rolleyes

M3boarder. Sorry to hear about this. But as other's have posted, the ActiveAutowerkes cold-air intake system is not legal in the state of California because it is not CARB (California Air Resources Board) certified. As for the AA Generation III exhaust, that's just a matter of decibel level.

Options:


go back to stock
Dinan intake and exhaust (CARB certified for California)
ECIS intake (only other company that is CARB certified), Stromung exhaust


Yes folks, you forget that ECIS just (after 2yrs of testing) finally got SMOG/CARB certified and I have their intake with a nice quiet Stromung exhaust (until I'm at 4k+ rpms). But it's not too loud as well.

CARB Certification for ECIS Intakes (http://www.ecisbmw.com/CARB.htm)

The only thing on MY car that would fail me (and visually only) is my Bimmerworld Jet-hot shorty headers.

Gio

erikerikerik
09-15-2005, 04:04 PM
SS 27150.7
"Dismissal of Prosecution"
SS 27150.7 A court may dismiss any action in which a person is prosecuted for operating a vehicle in ciolation of sextion 27150 or 27151 if a certificate of compliance has ben issued by a station pursuant to section 27150.2, or if the defened had reasonable grounds to believe that the exhaust system was in good working order and had reasonable grounds to beliave that the vehicle was not operated in violation of section 27150 27151

So I've just about read that entire pdf.... I thnk I need to make another thread for it in and of its self.
Sound~
SS 27007
No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway....

Now on the street, play it loud!!!! And remember feeling the boom of the Sub is not the same as hearting the mid/tweeters 50 feet away.

Now for the next part I read on these forums that any HID other then factory install is illigal, well this is the best I can find for that
color of lamps and reflectors
SS25950
(3)
An illuminating device as permitted under the section 24255 shall emit radiation predominantly in the infrared regian of the electromagnetic spectrum. Any inceidental visible light projecting to the front of the vehicle shall be predominantly yellow to white...

This means that as long as your lights are in the "white," of the Kelvin scale you should be legal. however an officer might have a stick up his/her ass.
ANd it is OK to have that very nice 'blue,' tint on the lights. as long as its MOSTLY WHITE!
However at night time it gets tricky esp for those folks with HALO's
Maximum number of lamps
2205
24405 (a) Not more then four lamps of the fallowing types showing to the front of a cehicle me be lighted at any one time
1-headlamsp
2-Auxiliary driving or passing lamps
3-Fog lamps
4- Warning lamps
5- Spot lamps
6- Gaseous discharge lamps specified in section 25258

(b) For the purpose of this section each pair of a dual headlamp system shall be consided as one lamp
is of you got or regular lights, running, HALO's and Fogs going dont use the turn-signal!

oh and further reading all of the lights need to be selectable. ie you need to be able to turn the halo's off and on at will.

Then their was something about the Vehicl being lower the the wheel. Dont worry about that unless your slamming your car. Why you would want a bmw-scraper I have NO idea but no one else should worry about that.
Also for the bumper law, bumpers need to be able to take a 2.5mph impact and have no damage to the car.

when I get back I might go into more detail

erikerikerik
09-15-2005, 04:06 PM
M3boarder. Sorry to hear about this. But as other's have posted, the ActiveAutowerkes cold-air intake system is not legal in the state of California because it is not CARB (California Air Resources Board) certified. As for the AA Generation III exhaust, that's just a matter of decibel level.

I went to a ref, and passed me with the AA CAI + chip + exhaust.
AND I passed smog with flying colors! :redspot

jaramill
09-15-2005, 04:09 PM
I went to a ref, and passed me with the AA CAI + chip + exhaust.
AND I passed smog with flying colors! :redspot

But it's not guaranteed at every smog station. I was looking at the AA one as well, but didn't want to deal with the hassle of "possibly" failing. AA products are great from what I've heard.

erikerikerik
09-15-2005, 04:18 PM
Very True!!! listen to him, the first time I BEARLY! passed smog. And I mean bearly! the second time they had to pop the hood to prove all cylinders where firing. however I did end up buying a new gas cap :confused it failed the presure test.

shragon
09-15-2005, 05:31 PM
man, that sucks!

but as others stated, the new law says the officer can just judge for himself if he thinks the exhaust is too loud! it's really lame.

but here's the thing. i lot of aftermarket exhausts have fully polished rear mufflers. have you ever been behind a car with one, especially at night? it's blinging out of control! once a cops sees this, he automatically thinks "modified exhaust" no matter how quiet it is. i know a lot of people actually like this look, but if it was me, i'd paint the muffler portion flat black to be more undercover.

good luck with everything!

M3boarder
09-15-2005, 06:16 PM
ok, im pretty optimistic about passing the decible level for the exhaust, but the only thing that concerns me is the visual inspection with the intake.

but heres my question... if my exhaust passes the decible test and i get the proper evidence showing that the exhaust is OK, and then i get pulled over again for the same thing and i show him that the ref approved it, does he still have the right to look under my hood? because his probable cause for suspecting illegal modifications is gone.

erikerikerik
09-15-2005, 06:24 PM
you should look into seach a seazure laws.
how about putting a lock on your hood?
because a warent would be needed for that!

rennfahrer
09-15-2005, 06:46 PM
somebody should really put a stop into this madness. popo's doing whatever they want with people. if the popo's policing us, citizens, who are policing the popo's? they can do whatever.
AAAAAAAAAAA..................... :eyecrazy

D_ALPINE_M
09-15-2005, 07:39 PM
you should look into seach a seazure laws.
how about putting a lock on your hood?
because a warent would be needed for that!

Like what those hood pins with a key? :rolleyes :D

Yeah it is true though if you have a lock on something they would need a warrant. For instance if you glove box is locked. Trunk is locked. etc.

scrat//e36
09-15-2005, 07:59 PM
Ok i dont know if this is proper or not but who cares. A friend of mine had an acura with a different type of air filter system in it. With no sticker. He got pulled over and recieved a ticket too. He said he remembered that when he got the air filter system it had a sticker and a certificate but he thought he would never need it and tossed em. Well he went to the place end purchased another one and then just made copies of the certificate and took the sticker and returned the air filter.

He told this to another guy at work who go pulled over and the other guy went out and bought a filter system and did the same thing. Funny thing is that the other guy didnt even buy same brand. But then the courts never know and if a cop pulls you over they will never know what brand either. As for the muffler What someone needs to do is check in to see if its possible to put in a baffle in your muffler on the tips. I too have a DTM system looks and sounds hot. I think the pipes are over 3 inches. I have heard of baffles for other mufflers if you could get a baffle then have it checked you might get away with it. This is something we all need to check into. As for the sound you guys are right at about 2-3500 rpms its ok medium speed below that and its deep bold and loud above that and you feel like mario andretti.

SR20Fastback
09-16-2005, 10:05 AM
when anyone gets pulled over do they usually get under the car with a mirror/flashlight to check for cats? Just curious, I know its a HUGE fine. Maybe I'll leave the stock muffler on when I get the euro headers and crack pipe.

D_ALPINE_M
09-16-2005, 10:54 AM
when anyone gets pulled over do they usually get under the car with a mirror/flashlight to check for cats? Just curious, I know its a HUGE fine. Maybe I'll leave the stock muffler on when I get the euro headers and crack pipe.

They do infact get down when it comes to it1 In most cases they will just pop your hood. But if they suspect you cat is gone they will look. So just p coat the track pipe. I don't know if it will affect performance but if you are worried about getting caught p coat or just don't install. I know it will go on....Regardless!

Jordan94530i
09-16-2005, 02:06 PM
Cop pulled me over in my Camaro and asked if I had an illegal exhaust.. No officer 50 state legal... Then he says ok well you have illegal side tint. I would have liked to see him get under my car LOL.. a jack barely fits under it..

D_ALPINE_M
09-16-2005, 02:19 PM
Cop pulled me over in my Camaro and asked if I had an illegal exhaust.. No officer 50 state legal... Then he says ok well you have illegal side tint. I would have liked to see him get under my car LOL.. a jack barely fits under it..

Same here pulled me over for my exhaust but gave me a ticket for my side wondow tint!

M3Jokster
09-17-2005, 08:27 PM
what happens if you have an RMS SC w/ a dinan CARB sticker? will you still be cited?

f*ing cops...got nothing to do...I guess i'll just have a dozen of donuts sit in my trunk just in case a cops pulls me over...who cares if it's stale!

Jordan94530i
09-17-2005, 09:07 PM
Cops in my area will love the fact they can cite people on suspicion because most of them don't know the laws regardless

540Greg
09-18-2005, 12:03 AM
About the window tint citation. The best way to get around that is to swap windows with someone who isn't tinted. the windows aren't very hard to change. So you change the windows, go get the ticket signed off, then go change the windows back. It's much easier than removing your tint. And cheaper.

Greg S.

scrat//e36
09-18-2005, 02:29 PM
What about baffles. Is it possible to put a baffle in your exhaust tips then take it to get signed off????

AsianImage
09-18-2005, 02:41 PM
I just posted a thread about my experience last night..

http://forums.bimmerforums.com/forum/showthread.php?t=415247

This stuff is no joke....

I have a polished magnaflow on my car too! I think I was lucky last night, I also have tint on the front windows and a Racing Dynamics CAI which I am pretty sure is not CARB.

Just be careful out there!

RedV
09-18-2005, 04:42 PM
when anyone gets pulled over do they usually get under the car with a mirror/flashlight to check for cats? Just curious, I know its a HUGE fine. Maybe I'll leave the stock muffler on when I get the euro headers and crack pipe.

I still think just sanding the bottom side of the tp is the way to go, then just drive in the dirt lot at work to get it nice and old looking. No one will ever know... :confused

SR20Fastback
09-18-2005, 06:24 PM
I still think just sanding the bottom side of the tp is the way to go, then just drive in the dirt lot at work to get it nice and old looking. No one will ever know... :confused



wtf are you talking about, that was my idea! lol

AthleticTrainer
10-18-2005, 04:28 PM
Hey CA state law states that it must be 80DBLs or lower. not 95. you can go to any muffler shop where they have the system tester, they have a mini microphone and tells you how loud the exuast really is. then they can give you a certification I think, adn bring that to the cop and shove it up his ass. ( I mean go to the court to prove that your exhaust is not that loud)