munis

Hey guys, one of those situations where some feedback from both the C63/C43 groups would have been appreciated. See if you can chip in some thoughts.

https://mbworld.org/forums/c450-c43-...ml#post7094768

FDNewbie

Legally, all you have to do is ask the Officer what evidence he has (not his presumption) that a) your vehicle was the one revving loudly, and b) that your vehicle is modified? Being that he didn't witness you revving, he's failed to identify you properly as the individual committing the alleged offense. And without inspecting the car, he's failed to establish a prima facie case/evidence that your vehicle is modified.

I'd state this to the Judge and state that given the Officer has failed to provide any evidence to substantiate their claim, ask him to dismiss the case immediately. And that should be sufficient.

If push comes to shove, you can offer your vehicle to be inspected, but that shouldn't be necessary as the Officer already issued you a citation, and unless he's already gathered adequate evidence to substantiate his claim, his claim shouldn't hold up in a court of law.

*The above shouldn't be misconstrued as legal advice; rather; it's just me sharing my experience*

Having said that, the REAL world scenario that I've come across in numerous large cities is that the Judges in the local district (or equivalent) traffic courts are straight up corrupt, in that they could care less about rule of law and your defense. They're paid directly by court fees collected, so it's in their own personal interest to uphold as many citations as possible in order to collect as many court fees as possible. That's why they make it so easy for you to plead guilty (or to a reduced charge) or even withhold adjudication (if available in your locale), both of which involve a reduced (or even possibly completely dismissed) citation charge - but still carry a mandatory court fee... It's a smart gig, but is incredibly unfair and anything but just. Don't mind my rant.......

Bottom line: if you stick to it, you should definitely win, if your car is indeed stock. But you may need to go above and beyond what is legally required of you due to the aforementioned situation, and prove your innocence since you're guilty until you prove otherwise... =-/

Alex98

Trust me coming from a gas pedal happy driver and enjoys making noise (yes it is stock, for now) Unless he held a decibel reader to your exhaust and had you rev it and it was over the limit he has no physical evidence of your exhaust being modded even though it isn't. I would fight it and tell the cop to go screw himself.

Souriall91

go to court. Sorry to say, but in my experience there's always more to the story. Everyone was only doing 5 over but somehow managed to get a 15 mph ticket. Don't argue when you get pulled over, it doesn't do you any good. Take it to court and the judge will decide.

Alex98

Not if you know your rights and know they don't have anything on you. First amendment is there for a reason, I understand it's a cop but they're still a person. #1 seller, your phone. Start recording. They think twice about what they say from then on

Palpatine

No, sourial is right... Never argue with the cop. It's not a matter of who's right and who's wrong... It's a matter of who has the right to give you a ticket... Or worse.

In my experience, always apologize... always show respect to the boys in blue.

You'd be surprised how many times you'll be let off with a warning if you can get the cop to actually like you.

Starting off confrontational will never work to your advantage. Period.

It's like crossing the street, when you have the right of way, but there's a car going 65 mph that you know will hit you. Still gonna cross? Wanna be that guy that's "dead right?"

Put your ego aside when you get pulled over. Play to the cop's ego... They all have them.

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Alex98

Yes and no, each to their own. If I'm at fault I'll apologize and admit my wrong doings. If I didn't do anything wrong I will not be apologizing

Palpatine

If I get pulled over... And I think it's b.s., I'm still gonna be cool as f**k.

Cause I know that cops are only human.

And as much as they love giving tickets to the guys who wanna argue with them...

They also like to feel good about themselves when they cut that cool **** a break.

Take it from a guy who's talked his way out of many tickets over the years.

Granted, I pretty much deserved to get pulled over and get the ticket each time... But let's get real... If you're getting pulled over, you're probably doing something wrong.

This exhaust situation definitely sounds unique and a bum deal.

Alex98

I can see where you are coming from. I'm not disagreeing with you

obbob

Honestly just sounds like bad luck. Not sure how much the fine is, but if it isn't that high, and it's not a moving violation, it may not be worth your time to fight it even if you are totally in the right.

That's your call though. If you do fight it I think you have a pretty good shot.

Palpatine