UPDATED Wing ticket
OMFG!!! i just spent over an hour reading every single post, and ive just experienced every possible feeling, congrats on the win, i was soo happy that you won. before that i was soo pissed it wasnt in a tiny bit funny, and ylen13 just pissed me off even more, and i still dont feel better for him. just glad its been settled and we know that everything was good, other than the long *** time resolving the issue.
IMO, I disagree. I think it could be possible to outlaw something that used to be legal. It does happen. Not everything gets grandfathered in.
Also, specific to this, just because it is legal to sell it doesn't imply it is legal to use it. Guns come to mind as an analogy. Guns are legal to sell, but plenty of illegal usages for them. Same with fireworks in some areas or radar detectors.
I think there is a very good chance this guy will get off of this ticket. The fact that it comes from the factory does help the case, but the main legal issue is whether the car violates the law. The way I read the law, it does not because of side rear view mirrors.
DRYAD--did you ever post the actual state statute number from the ticket that they wrote you up on?
Also, specific to this, just because it is legal to sell it doesn't imply it is legal to use it. Guns come to mind as an analogy. Guns are legal to sell, but plenty of illegal usages for them. Same with fireworks in some areas or radar detectors.
I think there is a very good chance this guy will get off of this ticket. The fact that it comes from the factory does help the case, but the main legal issue is whether the car violates the law. The way I read the law, it does not because of side rear view mirrors.
DRYAD--did you ever post the actual state statute number from the ticket that they wrote you up on?
congrats on your win
Originally Posted by ylen13
the reason why law is so hard is because it subject to interpetation. I can't say that i lost and he won as i had different interpetation of law then judge who is much more knowledgible about it then me.
You think that anybody can interpret it to any conclusion? When does the law, have to make sense? The philosophy of "its in my head, therefore only 'I' hold the right interpretation" just doesn't fly with regards to the EVO wing. (hehe, no pun intended.)
If you think you have a case as too why the EVO VIII wing should not be there, please make a list of facts. Otherwise, you're justifying yourself into a hole, and frankly, you playing, at least, devil's advocate is getting old.
Here, I made sections for you, in case you have some good facts, please list them as definite facts.
In fact I'll make some break it further down into sections to help keep this in the spirit of this thread's discussion.
I.) EVO VIII Wings
a.)
b.)
c.)
d.)
e.)
f.)
g.)
II.) Wisconsin Law
a.)
b.)
c.)
d.)
e.)
f.)
g.)
III.) Case Facts
a.)
b.)
c.)
d.)
e.)
f.)
g.)
jcnel.
Originally Posted by joeycoates
Did you go in front of a judge? What evidence did you present if so? You first step is to contact the Department of Transportation and inquire as to if the Mitsubishi Lancer Evolution is certified as legal to be sold in the United States. The will tell you that the car was either certified or not. If they say that it was certified to be sold in the U.S. you need to request paperwork faxed to you that says so. A local or state court CANNOT overrule federal regulations, this is called The Supremacy Clause. Simply said,a state law that conflicts with a federal law is rendered invalid. If a car is certified sellable in the U.S. by a federal agency a lower agency may not come along behind it and claim it illegal. You need to look up your local statutes concerning requirements on rearward vision. Your local DPS should be able to give you this information, maybe on their website. Most states require a road going vehicle to have at a minimum of a left hand rear veiw mirror. If it were illegal to have an obstruction of a center mounted rear veiw mirror, then all panel trucks, delivery trucks, RV's, semi's, ect would be recieving a ticket as well sence they have NO rearward vision. Once you have your local statute you need to go and talk to a DA or a judge in private to get the ticket dismissed. Did you prove that the car has side mounted rear veiw mirrors?
+1 million and 1
Thread Starter
Evolved Member
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From: Oak Creek, WI
Wow. Jan 18th of 2005 was the last post. I thought this sucker was dead.
But post 274 is the post your looking for if you wanted an update.
If you want an update for the wing "harassment" here ya go:
Since I last posted on this thread I have been pulled over 3 times by 2 cites and a State Patrol officer. Two of them were speeding and the other time was I didnt have the right year sticker for my plates. Not one of the officers gave me grief for the wing. I got let go on a speeding offense 83 in a 65 but he already called my car in so I got a tint ticket, no biggie I know they are dark, 16% to be exact.
Now with the police they won't look at you unless you give them a chance. The wing gives them that chance, so you already have 1 strike against you. Now if your noticably speeding thats 2 and you will most likely get pulled over. Act like an *** or a know it all, well now your definately getting a ticket.
Since my car is in the shop as I write this I have been driving a freinds 4runner and have passed numerous police and sheriff's on the roads and highways, and not 1, not 1 have looked at me. Why? Well heres what I think. Everyone knows or implies that cars with big wings are young kids who drive like idiots on the road (say thanks to every riced out civic owner) so you will always stick out like a sore thumb in a crowd dring an Evo (unless wingless) this is always the first strike against you.
It's been well over a year since this has passed and look back and laugh at the whole situation. Was it a bad morning for the cop who pulled me over? maybe, but he was doing his job, a little unjust but he was doing his job notheless. Did I get everything resolved? Yup.
But post 274 is the post your looking for if you wanted an update.
If you want an update for the wing "harassment" here ya go:
Since I last posted on this thread I have been pulled over 3 times by 2 cites and a State Patrol officer. Two of them were speeding and the other time was I didnt have the right year sticker for my plates. Not one of the officers gave me grief for the wing. I got let go on a speeding offense 83 in a 65 but he already called my car in so I got a tint ticket, no biggie I know they are dark, 16% to be exact.
Now with the police they won't look at you unless you give them a chance. The wing gives them that chance, so you already have 1 strike against you. Now if your noticably speeding thats 2 and you will most likely get pulled over. Act like an *** or a know it all, well now your definately getting a ticket.
Since my car is in the shop as I write this I have been driving a freinds 4runner and have passed numerous police and sheriff's on the roads and highways, and not 1, not 1 have looked at me. Why? Well heres what I think. Everyone knows or implies that cars with big wings are young kids who drive like idiots on the road (say thanks to every riced out civic owner) so you will always stick out like a sore thumb in a crowd dring an Evo (unless wingless) this is always the first strike against you.
It's been well over a year since this has passed and look back and laugh at the whole situation. Was it a bad morning for the cop who pulled me over? maybe, but he was doing his job, a little unjust but he was doing his job notheless. Did I get everything resolved? Yup.
no ****ing way, im shocked this is the first i have ever seen this also congrats i read through the thread and i see you won thats great. i work for the county here in south florida. all counties have stupid rules and what not glad to see they didnt win this one.
Last edited by donmeca2020; May 31, 2006 at 07:51 PM.
Well spoken brother, I got a speeding ticket this memorial weekend heading to Laughlin to meet up with some friends by some punk highway patrol that pulled me over and thought I was some punk kid. He was even more mad that I had my family with me and said if I want to street race take it to the track. I was by myself on a 2 lane highway cruising. Also he said an off duty officer going the opposite way radioed in saying I was going well over a hundred. I said I was never going over a hundred, and he said all officers have a trained eyed of +- 2 mph of your exact speed. My wife and I were like wtf ever. Then he threatened me saying if he caught me going over a hundred he would have arrested me, towed my car and left my family in the middle of the ****ing desert when it was over a 100 degrees. I was totally respectful but he really judge me on the type of car I was driving and boy was I mad.
That wasnt the end my great weekend either, when I get home I noticed somebody keyed or knifed both passenger doors. What the ***k is wrong with people?? I know I am never going to laughlin again.
That wasnt the end my great weekend either, when I get home I noticed somebody keyed or knifed both passenger doors. What the ***k is wrong with people?? I know I am never going to laughlin again.
Although the donation idea is generous, is it really a good one? He could collect $2k, take off the wing, and do some pretty nice upgrades- not to say that he would necessarily do that, I'm just not a very trusting person though.
You should fight it though, and then sue for court costs after you win- which you will.
You should fight it though, and then sue for court costs after you win- which you will.





