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.
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Depends where you go, yes it would be fantastic if the judge and the prosecutor were open minded and fair, but they are not, when i went to a richmond hill court, the attitude they showed me was basically they were on the cops side and i was just some kid with an annoying exhaust, anywaz i tryed arguing cause the cop said "straight exhaust" i explained that straight exhaust has nothing to do with the muffler, then he busted out "hollywood muffler" which i have no idea what that is, he didn't either but he didn't have to cause hte prosecutor accepted this as good enough evidence, i got off the ticket eventually saying i'll go back to stock, which i didn't
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netcbc: ghey.
Of course the prosecutors will side with the cops...especially against us "young folk"
Narc: glad to hear you got away with it. Must have taken some good wits to come up with that on the spur of the moment!
Kudos!
Of course the prosecutors will side with the cops...especially against us "young folk"
Narc: glad to hear you got away with it. Must have taken some good wits to come up with that on the spur of the moment!
Kudos!
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netcbc- let me ask you this, did you show up for court in a t-shirt and jeans???
Cuz from what I understand, judges love that!
Who would you side with, the mature professional experienced police officer in uniform, or...well...your everyday kid trying to represent himself without a clue. Of course the odds are stacked against you.
You cant beat the system, so figure out how it works, and beat 'em at their own game. Never go down like a punk bee-ach! FIGHT, always FIGHT.
Cuz from what I understand, judges love that!
Who would you side with, the mature professional experienced police officer in uniform, or...well...your everyday kid trying to represent himself without a clue. Of course the odds are stacked against you.
You cant beat the system, so figure out how it works, and beat 'em at their own game. Never go down like a punk bee-ach! FIGHT, always FIGHT.
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woops, sorry netcbc
hehee
no, YOU are not ghey. the system is ghey (for what they did in your instance).
It's shocking to see how the "System" works first-hand. It's ridiculous!
I'm glad one person has had a pleasant experience (Narc)...not many people do.
heheeno, YOU are not ghey. the system is ghey (for what they did in your instance).
It's shocking to see how the "System" works first-hand. It's ridiculous!
I'm glad one person has had a pleasant experience (Narc)...not many people do.
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Originally posted by Narc
netcbc- let me ask you this, did you show up for court in a t-shirt and jeans???
Cuz from what I understand, judges love that!
Who would you side with, the mature professional experienced police officer in uniform, or...well...your everyday kid trying to represent himself without a clue. Of course the odds are stacked against you.
You cant beat the system, so figure out how it works, and beat 'em at their own game. Never go down like a punk bee-ach! FIGHT, always FIGHT.
netcbc- let me ask you this, did you show up for court in a t-shirt and jeans???
Cuz from what I understand, judges love that!
Who would you side with, the mature professional experienced police officer in uniform, or...well...your everyday kid trying to represent himself without a clue. Of course the odds are stacked against you.
You cant beat the system, so figure out how it works, and beat 'em at their own game. Never go down like a punk bee-ach! FIGHT, always FIGHT.
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