Beat "improper muffler" ticket
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Beat "improper muffler" ticket
This may or may not work in Provincial Court. Ultimately, it depends on the Justice of the peace who presiding.
Section 75(1) Highway Traffic Act: Every motor vehicle or motor assisted bicycle shall be equiped 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.
The officers evidence will likely be that he was a certain distance away, windows up, and the the sound coming from the defendants muffler was excessive in noise. If he neglects to mention that upon stopping the motor vehicle, he/she walked up to the muffler and confirmed the noise was in fact coming from the muffler, you got him.
Dont argue with his evidence, just wait your turn, get in the box and state that you have an air intake installed and that the noise the officer heard was not the muffler, but was the air intake which in no way is part of the muffler, in fact its not even part of the exhaust system. State in your closing submision that the officer failed to give evidence beyond a doubt that the noise he heard was absolutely the muffler, and that any doubt must lean in favor of the defendant. The prosecutor has not proven this case beyond doubt.
Hope this helps.
Section 75(1) Highway Traffic Act: Every motor vehicle or motor assisted bicycle shall be equiped 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.
The officers evidence will likely be that he was a certain distance away, windows up, and the the sound coming from the defendants muffler was excessive in noise. If he neglects to mention that upon stopping the motor vehicle, he/she walked up to the muffler and confirmed the noise was in fact coming from the muffler, you got him.
Dont argue with his evidence, just wait your turn, get in the box and state that you have an air intake installed and that the noise the officer heard was not the muffler, but was the air intake which in no way is part of the muffler, in fact its not even part of the exhaust system. State in your closing submision that the officer failed to give evidence beyond a doubt that the noise he heard was absolutely the muffler, and that any doubt must lean in favor of the defendant. The prosecutor has not proven this case beyond doubt.
Hope this helps.
Thread Starter
Registered!!
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From: Oakville Ontario
Rep Power: 0 Originally posted by PiNk
isnt intake illegal too?
isnt intake illegal too?
Your missing the point amigo. If your charged with improper muffler, they gotta prove the MUFFLER was improper according to the section. Lets assume that intake was illigal, the officer laid the wrong charge. If the charge does'nt fit, you must aquit!! (WTF did I just say that!)
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