Here is what I put together to prepare and present when I went to fight the ticket, fines, and fix it.
Traffic and Road Conditions
Do you recall the time I was stopped for the alleged violation of 27151?
Do you recall the road conditions when you stopped me for the alleged violation of 27151?
Do you recall the traffic conditions when you stopped me for the alleged violation of 27151?
Description: It was approximately between 5:45 PM – 6:00 PM on xx-xx-xxxx. It was already dark, and traffic was moderate at the speed limit. People were heading home from work along xxxxx Blvd. towards the ### Freeway. There were many cars around me. Did you notice the loud exhaust coming from the Dodge Challenger and the Ford Mustang that were ahead of me?
When you stepped off your patrol vehicle to stop me, was the engine of the 370Z running? My engine was off. Officer stopped me for VC27151.
Alleged violation of VC 27151
27151.
(a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified.
(b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment.
(Amended by Stats. 2001, Ch. 92, Sec. 10. Effective January 1, 2002.)
27150.
(a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(b) Except as provided in Division 16.5 (commencing with Section 38000) with respect to off-highway motor vehicles subject to identification, every passenger vehicle operated off the highways shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Article 2.5 (commencing with Section 27200), and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(c) The provisions of subdivision (b) shall not be applicable to passenger vehicles being operated off the highways in an organized racing or competitive event conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.
Under VC 27150:
Ask officer:
Did you establish if I had an adequate muffler and if it was properly maintained?
Did you check if I have a cut out or a bypass or a similar device?
Did you check underneath the vehicle to determine if I had any improperly maintained exhaust?
VC 27150 is also about maintaining an adequate muffler. The officer did not establish that. He could not have because it was dark and did not conduct the proper inspection to determine if it was “adequate or proper”. He did not look underneath the vehicle. How else can anyone establish if there was an adequate muffler and if it was properly maintained unless someone checks underneath.
Ask officer:
Did you ask me to open the hood of the vehicle?
Did you determine if there were any illegal modifications to the engine? Illegal exhausts?
Didn’t you discover that I had a CA Air Resources Board Certified sticker (CARB Certified) on my vehicle when you asked me to open the hood?
Officer saw CARB sticker on the cold air intake which meant that the part installed on the vehicle meets or exceeds the air quality standards and the part complies with the State’s stringent emissions standards.
Under section B of VC 27151:
For the purposes of exhaust systems installed on motor vehicles with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, non-original exhaust equipment.
Ask officer:
Do you recall stating to me that I have exceeded a sound level of 95 decibels and that it was illegal?
How loud am I speaking right now?
During the conditions at the time of the stop:
How did you determine that I have exceeded 95 decibels?
Did you have an “SAE-certified” instrument to determine if I have exceeded 95 decibels?
CHP Bulletin 98-100 states that not all exhaust modifications are prohibited. As long as the vehicle does not exceed the standards set under 27150. The CHP also states that officers cannot issue a citation simply because the sound emitted is different that the original factory installed muffler.
Under the law (27150), I am required to properly maintain my exhaust. I have. I did not install anything such as a bypass or a cutout or a whistle tip which I know are illegal. These things are loud. I’ve heard them for myself the they startle me when vehicles that have them pass me by. In fact, officer Xxxxx did not inspect my vehicle to determine if these were installed, I do not have any of these illegal modifications. Another fact is I had a CARB certified parts in the vehicle.
Officer xxxxx alleged that the vehicle exceeded 95 decibels. If he did not inspect the vehicle, then he must have entrusted his ears to determine that I have exceeded 95 decibels under the Society of Automotive Engineers Standard testing standard J1169 (which be the way is being updated under J14962). This is not possible. The human ear is not a precise instrument. He did not have a meter to determine that I had exceeded 95 decibels. Handing a citation and asking me to go to a State Referee and pay for the testing to determine if I have in fact exceeded the 95-decibel limit is a presumption of a violation.
It is unfair to give me a citation stating that I have violated VC 27151 based on the facts presented. I do not want to pay the citation given these conditions, I also do not want to pay for the fees to test my vehicle when the violation was not accurately established. I therefore request that the citation be dropped.
Outcome: The judge compromised after hearing my case. It was clear to me that in the judge's courtroom, no one has challenged this citation ever.
The judge pulled the book and reviewed the vehicle code on 27150 and 27151 and asked the officer if he had video evidence (none), if he inspected underneath (his response was I don't remember LOL).
Judge offered pay $200 and no BAR inspection ($80), no fix-it ($$400-600 to take out before BAR inspection and back on after)........and no insane fine (up to $1000). Said yes before she could finish her sentence.