Ticketed: "Whale Tail"
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Joined: Nov 2003
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Originally posted by CoronaLancer
NYS V&T Law: Article 9, Section 31. Equipment of Motor Vehicles
It shall be unlawful for any person to operate a motor vehicle with any object placed or hung in or upon the vehicle, except required or permitted equipment of the vehicle , in such a manner as to obstruct or interfere with the view of the operator through the windshield, or to prevent him from having a clear and full view of the road and condition of traffic behind such vehicle.
If he doesnt know if it's factory or not then dont write the ticket! It's his job to KNOW the law...not GUESS the law. So i guess it's okay he can assume it might be write so write the ticket and hope it sticks? That's not serving and protecting..that's badgering and harrassing.
NYS V&T Law: Article 9, Section 31. Equipment of Motor Vehicles
It shall be unlawful for any person to operate a motor vehicle with any object placed or hung in or upon the vehicle, except required or permitted equipment of the vehicle , in such a manner as to obstruct or interfere with the view of the operator through the windshield, or to prevent him from having a clear and full view of the road and condition of traffic behind such vehicle.
If he doesnt know if it's factory or not then dont write the ticket! It's his job to KNOW the law...not GUESS the law. So i guess it's okay he can assume it might be write so write the ticket and hope it sticks? That's not serving and protecting..that's badgering and harrassing.
I would suggest a quick trip to the dealer to gather some paperwork stating that the wing is Stock and not an aftermarket add-on. Then you can go to court and make the cop look like a fool.
BTW....CoronaLancer: Your sig is spelled incorrectly. It should be "Esta Loca, Da le Huebo."
Evolving Member
Joined: Dec 2003
Posts: 486
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From: Pearland, TX
Not to rain on the parade, and someone may have pointed it out since I didn't read every post, but it's not stock. It's a factory offered option however it isn't stock. The powers that be could argue that it shouldn't come into NY because it violates state law. I don't think that's right so save the flames, just pointing out what could be a stumbling block when fighting it. Good luck with getting them to do the right thing and toss it out.
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Joined: Jun 2001
Posts: 128
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From: SE Mass
Originally posted by LDB
Not to rain on the parade, and someone may have pointed it out since I didn't read every post, but it's not stock. It's a factory offered option however it isn't stock. The powers that be could argue that it shouldn't come into NY because it violates state law. I don't think that's right so save the flames, just pointing out what could be a stumbling block when fighting it. Good luck with getting them to do the right thing and toss it out.
Not to rain on the parade, and someone may have pointed it out since I didn't read every post, but it's not stock. It's a factory offered option however it isn't stock. The powers that be could argue that it shouldn't come into NY because it violates state law. I don't think that's right so save the flames, just pointing out what could be a stumbling block when fighting it. Good luck with getting them to do the right thing and toss it out.
For MMA to sell the car with the optional CF wing, it had to be crash tested and deemed road-going legal, otherwise, thee would be disclaimers about the wing everywhere.
Account Disabled
Joined: Oct 2002
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From: SAN JOSE
I have no idea what the law is on NY.
I know for a fact that I can TINT my window to the blackish color. I still would of gotten away.
As long you have two sidemirrors then you are fine.
Why? I got a ticket for non rear window visible and the judge totally dismissed the case since law does not require rear visible window as long you have two side mirrors.
I know for a fact that I can TINT my window to the blackish color. I still would of gotten away.
As long you have two sidemirrors then you are fine.
Why? I got a ticket for non rear window visible and the judge totally dismissed the case since law does not require rear visible window as long you have two side mirrors.
"$30 says the Judge DOESN'T do that as I have heard of SEVERAL SRT owners who have had to put mufflers on there cars when they came without mufflers.
The law CAN change your stock factory car. "
The law CAN change your car, but only before it's sold in the United States.
NO state law can supercede FEDERAL law. If the car was deemed saleable by FEDERAL standards and a state law says it's not legal, then that state law is illegal and should be repealed.
Sorry, NY, you can't win that one.
The law CAN change your stock factory car. "
The law CAN change your car, but only before it's sold in the United States.
NO state law can supercede FEDERAL law. If the car was deemed saleable by FEDERAL standards and a state law says it's not legal, then that state law is illegal and should be repealed.
Sorry, NY, you can't win that one.
i think its pointless to argue whehter or not its gonna hold in court. The problem was that the cop was being a jerk about things and gave you fix it tickets for no apparent reason. If you want further proof, have you ever seen a ferrari spyder when the top is up, you cant even see out of the back window, or how about a lambo? The stock tail will get dismissed in court, and the officer will indeed look like a stupid idiot.
Oh and by the way, most Evo that have the carbon fiber wing installed came that way, it is not like you buy an EVo with the small wing and tell the dealer "hey take that small wing off and put the big one on" The sunroof on the Evo is optional so is that illegal? Having factory optional equipment doesnt mean its crap, all factory equipment is tested and is legal equipment unless otherwise stated.
Oh and by the way, most Evo that have the carbon fiber wing installed came that way, it is not like you buy an EVo with the small wing and tell the dealer "hey take that small wing off and put the big one on" The sunroof on the Evo is optional so is that illegal? Having factory optional equipment doesnt mean its crap, all factory equipment is tested and is legal equipment unless otherwise stated.
Originally posted by BeenWaitin4Evo
"$30 says the Judge DOESN'T do that as I have heard of SEVERAL SRT owners who have had to put mufflers on there cars when they came without mufflers.
The law CAN change your stock factory car. "
The law CAN change your car, but only before it's sold in the United States.
NO state law can supercede FEDERAL law. If the car was deemed saleable by FEDERAL standards and a state law says it's not legal, then that state law is illegal and should be repealed.
Sorry, NY, you can't win that one.
"$30 says the Judge DOESN'T do that as I have heard of SEVERAL SRT owners who have had to put mufflers on there cars when they came without mufflers.
The law CAN change your stock factory car. "
The law CAN change your car, but only before it's sold in the United States.
NO state law can supercede FEDERAL law. If the car was deemed saleable by FEDERAL standards and a state law says it's not legal, then that state law is illegal and should be repealed.
Sorry, NY, you can't win that one.
Newbie
Joined: Aug 2003
Posts: 12
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From: Orlando
If this was me, I'd go to the dealership I bought the car at, show them the ticket, we'd all laugh and stand there in pure disbelief then at which point I'd request the marketing magazine they gave out to take to court. then the day of court, have a few other friends with Evo's show up and just totally humiliate the cop in front of a packed court house. 