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I beat an exhaust ticket in Fairfac County today.

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Old Apr 6, 2005 | 02:07 PM
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smittyinva's Avatar
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I beat an exhaust ticket in Fairfac County today.

The officer cited me for "Excessive Noise" which he wrote on the summons after the statute number. My attorney asked him to provide evidence that the sound levels were excessive. The officer could offer none and the prosecutor asked for a dismissal.

I love winning.
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Old Apr 6, 2005 | 02:08 PM
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thats awesome.....

I wish it would have been that easy with my tickets. Your pretty lucky because usually they take the cops word over yours whether or not they have any proof. Congrats
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Old Apr 6, 2005 | 02:13 PM
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From: Northern VA
Originally Posted by smittyinva
The officer cited me for "Excessive Noise" which he wrote on the summons after the statute number. My attorney asked him to provide evidence that the sound levels were excessive. The officer could offer none and the prosecutor asked for a dismissal.

I love winning.
You sir, and your lawyer are my heroes. Fairfax is natorious for hating on anyone with a louder then stock exhaust... they totally abuse the intent of the law to squeeze out more cash.

Question: Was that the only reason he pulled you over?

Fox
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Old Apr 6, 2005 | 02:20 PM
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Originally Posted by Shingen
Question: Was that the only reason he pulled you over?
Yes, he pulled me over solely for the exhaust but, once stopped, he also charged me with driving on a suspended license (which was also dismissed).
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Old Apr 6, 2005 | 02:24 PM
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lucky bastard!

i thought cops were supposed to cite exhaust w/ improper equipment or improperly working equipment or something
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Old Apr 6, 2005 | 02:24 PM
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Awesome!!! you shoulda been like, "take that piggy!"
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Old Apr 6, 2005 | 02:53 PM
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Like I tell you guys time and time again you should always win this ticket in court only when:
**The police officer doesn't have a decimal meter to tell what your exhaust db reading is.**
Also another one you can win is for tint. In most states, and where I work me must have a Tint Meter to tell us what the degree of tint is on the vehicle, if I don't have one I can't right you a ticket.

Just some insite for you guys...
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Old Apr 6, 2005 | 02:58 PM
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Along the same lines...my friend in criminal justice at college said that unless the officer shows proof of excessive speed via a radar detector, no proof of speeding. But that...I know you all (and myself) will not agree totally to that. It's just want he had told me...BS??
Up to you to decide. Try it out tonight!!
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Old Apr 6, 2005 | 03:00 PM
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yeaaa coool job good thing you fought that one.
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Old Apr 6, 2005 | 03:02 PM
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From: sin city..
actually.... u can request to see the radar..... if the cop says no and writes you a ticket... take him to court... fight it and say he didn't show you the radar......thats what i did and i got away with it.....*i wasnt speeding tho*
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Old Apr 6, 2005 | 03:14 PM
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Originally Posted by g0damy0uugly
actually.... u can request to see the radar..... if the cop says no and writes you a ticket... take him to court... fight it and say he didn't show you the radar......thats what i did and i got away with it.....*i wasnt speeding tho*
Somebody is going to have to comment on this with more experience ... after reading three books on "cop radar" it seems to be a safety thing for the officer to show you his gun.

The most substantial evidence would be of course video, in court ... but I know they bank on you just paying the fine and NOT going to court. As soon as you chew up 10 more min. of court time for whatever reason, their "profit" just went out the door for most speeding tickets.

As for fighting this .. good job .. as for the rest of us getting a lawyer? Isn't going to happen with the current lawyer rates that exist, and the radar cop public knows that too.

0.02 ...

jcnel.
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Old Apr 6, 2005 | 03:15 PM
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Old Apr 6, 2005 | 03:18 PM
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lol Were not required to show you the radar. Thats not a requirement to make the ticket stick. Heres how it works. I post up on 95 South and conduct a radar position. FYI it's actually called LADAR (Laser Radar) I have you coming torwards me or away and clock you doing 80mph in a 65mph zone. When I have you locked in, I save it to my radar gun. At the end of the day or my radar session, I simply attach my radar gun to a printer and get all my traffic stops on record, including date and time. so when I go to court for a person who is contesting, I have it all on record.

So for the record we are not required to show you how fast you were going. We can show you, but really it's up to the officer or state trooper. Some will show, some won't.
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Old Apr 6, 2005 | 03:31 PM
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Originally Posted by Evo Police
lol Were not required to show you the radar. Thats not a requirement to make the ticket stick. Heres how it works. I post up on 95 South and conduct a radar position. FYI it's actually called LADAR (Laser Radar) I have you coming torwards me or away and clock you doing 80mph in a 65mph zone. When I have you locked in, I save it to my radar gun. At the end of the day or my radar session, I simply attach my radar gun to a printer and get all my traffic stops on record, including date and time. so when I go to court for a person who is contesting, I have it all on record.

So for the record we are not required to show you how fast you were going. We can show you, but really it's up to the officer or state trooper. Some will show, some won't.
Good info. I have heard of older cases where lawyers have won because the RADAR calibration was out of date. Don't know what the current calibration requirements for the newer LADAR devices are but would expect that they still require periodic testing to certify their accuracy.
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Old Apr 6, 2005 | 03:38 PM
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Originally Posted by jfh
Good info. I have heard of older cases where lawyers have won because the RADAR calibration was out of date. Don't know what the current calibration requirements for the newer LADAR devices are but would expect that they still require periodic testing to certify their accuracy.
This would be correct. We have a tech. at are station that checks them and makes sure the calibration is correct. When we respond to court we are supposed to bring the most updated report of when a calibration test was performed on that particular radar gun.
Cases have been won because the officer's radar gun appeared not to be calibrated or the current calibration log had expired.
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