FIGHT IT!!! "Don't act a fool", Never let them see anything under your hood if you can help it. I live in Sacramento and it is getting bad here. If you don't want to get a ticket, get a referee to sign you off and get your special sticker added to you vin label. Is the turbo legal? If not you're screwed. I wouldn't care cause I would just take it off and get signed off then put it back on but whatever.

 

Oh I love schoolbook lawyers. I would agree, as you, that anyone who has a question about a pending criminal case should consult an attorney to see what their options are. However, you give some bad, if not potentially painfull advice to those here who have no reason to fear the law.

Now you, nor I, were at the scene of the traffic stop, so we are admittedly at a loss to truly know what took place. But, based upon the original poster's message, I would have to assume that the stop was originally based upon an infraction (speeding). That, in itself is a lawfull basis for an arrest and contact with the occupants. Doesn't sound like harrassment to me.

It was during that stop, however, that (potentially) unlawfull equipment was discovered. If the officers arbitrarily, and without probable cause, opened the hood, then the search of the engine compartment may be deemed illegal. What we don't know, however, is what could be observed in plain view, or what caused the officers to wonder what was under the hood. The original poster mentioned that an intercooler may have been visible, (I thought you would have opened the hood to see that, but anyway...)and that, in itself, MAY be probable cause enough to open the hood without a warrant. But, as you danced around, consent is also an exception to a warrantless search. So, if the officers ASKED if the hood could be opened, and it subsequently was, then all bets are off to what was found.

You advised that people should just deny access to the officer if he asks to see what is under the hood, trunk, glovebox, etc. However, to simply deny access means that the driver, and/or the vehicle, may be held until a warrant is obtained to search the car, based upon the officer's observations and what happened during the stop. I would advise that those who have nothing to hide simply comply with the request. For those who have unlawfull modifications, it is up to you how you want it handled. I happen to think it is much easier to "suck it up" and take the "fix it" ticket and go on your way. Otherwise, the driver/owner may be in for long day while the warrant is obtained. Obtaining a warrant is not a matter of "calling into the PD," as you alluded. The warrant must be submitted to a judge, either in written form or telephonically, and the judge ultimately decides if there is enough probable cause to issue the warrant. This, in and of itself, is a rather timely process.

Let's assume, however, that the search itself was deemed "illegal." All that means, though, is any potential criminal charges related to that search may be thrown out. What it doesn't mean is that the poster gets to walk away without somehow having to deal with any unlawfull equipment that he has on his car. I would have to believe that this type of case would be similar to someone found in possession of illegal narcotics (during an unlawfull search). Yes, the narcotics charges may be dropped, but the perpetrator doesn't get his drugs back. There are just no charges levied. If, in the poster's case, the search was deemed unconstitutional, I believe the judge may still ask to have the equipment taken care of. I don't know for sure, as I have never had to deal with vehicle code violations.

Yeah, your right in that you don't HAVE to do everything the police asks you to do, but you better be sure of what may happen if you choose not to. Not all police officers are "dirty," and there is nothing in the poster's message to say that they are in this case.

 

well....after looking at the engine bay, one of them took his cell and started telling someone about the whole incident and he was laughing like the whole ordeal was so amusing to him.

Originally when they walked up to my car they were smiling and looked very VERY happy. They started the convo by saying "Didn't you know we were following you?" then they said "what you got done to the car? I said "exhaust" then the cop on the passenger side said to the other cop "pop the hood, lets take a look"...etc

Aren't there any boosted accord in CA. I thought a few came to the Heather Farms/Mt. Diablo meet??? What do they do about their illegal turbos? As far as I know, there is no CA legal kit for the accord.

*sigh*
Latta

 

The very first thing, I am originally from Nor. Cali and from what I have have been through (21 tickets on my CRX). If you knew you were not going that fast then you should have asked how he new excatly how fast you were going. If he used a radar gun then he has to show you the gun and how fast you where going. The speed on the gun stays until the officer clears it. They have to show the radar gun to prove to you how fast you were going. I found that out by a judge and got my ticket thrown from court. But if he was following you with out a radar gun then it will be a who said contest.

Second... About your fix it ticket, what will happen if you don't fix? First off if you don't get it fixed before the court date, then the judge will give a fine and just tell you to have it removed back to stock. If you do fix it then just get it signed off and put it back on your car cruz out to Sac to a referre. If you don't ever take it off and don't get the ticket signed off then you will get a bench warrant out for you. Then you get an even bigger fine to pay, and if you get pulled over now that there is a warrant out for you. And when a cop runs your plates you willget pulled over and you will be arrested, but you wont go to jail. They just give more fines and impound your car. Once you get it out of impound ($1000.00) you have a certian amount of days to fix it or the car will belong to CALI.

Third.... Like everyone said up above, never open your hood or trunk. If the cop wants to get a warrant which he wont beacuse they don't feel like standing aroung forever then let him. You still will only get a fix it ticket. It happened to me! Some cops are dumb and all you had to say was the intercooler was just an oil cooler or an upgraded radiator. But there are cops now especially up in San jose, Fremont, Milpitas and so on actually have a special unit of cops for at night for the racers. And trust me they know there SH!t. They have been trained very well on what every part on your car should and shouldn't be there. they also drive around in cars that have been impouned out the races.

So any ways 21 tickets, and license suspended twice later I have learned to keep my exhaust somewhat quite and hide the intercooler behind a mesh grill or paint it. CA cops are dicks and look at any little thing they can spot. Make your look good!, not standing out like a sore thumb and really loud to draw attention to you, then you will be pulled over for sure.

Just remember sleepers kick a$$!

Thanks for your time!
:fawk:

 

anyone know if Nevada has similar laws? Like will this F-max turbo kit be legal in Nevada.

Cause F-max told me that if i have property in another state(which I do) I can change the plates and get it reg. in that state. Then the cops cant do nothing to you. Will this work?

Latta,
Kosh

 

I have dealt with many many tickets and usually you can get out of them even if you are guilty. NEVER NEVER NEVER just pay a ticket. The majority of the ticket is court cost so make sure the cops use that money correctly. First, DELAY DELAY DELAY. Whatever the court date is, call a week or so before and tell them you can't make that court date bc whatever. They will send you another court date in about 4 weeks, and that court date will be about a month away. Then call and do the same thing again. and continue to do so for as long as possible. A year is what I usually put the court date off for. The idea is that cops move around to different locations and different positions all the time. Give your cop a year to get transfered or get put into a different job than traffic cop. If a cop is relocated 100 miles away he will not come to court. If the traffic cop is now a narc officer or a detective he will not bother showing up. And about 70 to 80 percent of the time cops don't show up for court anyway unless when they wrote you a ticket you were a real asshole and they remember to get some pay back. If the cop does not show up in court which they usually do not on traffic tickets the ticket is dismissed. Plan B. Call the court house and ask them what you need to do to request in writing a copy of the cops note on the day your ticket was wrote. These requests are always trash canned. Request once, request twice, and if they have never sent you anything and you have the paper trial to prove your requests, then go to court as fast as possible. If the cop does show up, simple lay the 2 requests on the judges desk and say I have tried on two occassion to obtain information to be disclosed to me for my defense by officer so and so and he has ignored my requests for full discloser of information pertinent to my defense. I move for a full immediate dismissal of all charges bc he has denied me my right to a speedy trial. 9 times out of 10 the judge will dismiss it and be done with the whole deal. If he does not dismiss it then request the info again and ask for a new court date to prepare your case then postpone postpone postpone. Since I started driving at 16 I have gotten around 20 or 30 tickets and rightfully so and after the second one was dismissed bc the cop did not show up I started researching it and learned a lot of the loop holes and things to do and not to do. I have gotten out of 90 to 95 percent of all my tickets. I have gotten out of 2 willful and wanton wreakless driving charges (it mean that I was seen and caught doing 100 plus and did so knowingly). Have evaded the police 5 out of 7 times. Meaning I out ran them and hid. The two wreakless driving charges were when I was caught. Also you can find out what kind of radar or laser you were caught with and then ask the cop for his most resent training certification on that machine, also ask for the most recent time the speed detector machine was calibrated. If either of these things are more than a few months old you have grounds to dismiss your ticket. For the under the hood stuff , it sound like they are unfairly singling out younger people with fast looking cars. I strongly doubt they would pull over an older guy with a 500 horsepower GTO and start writing him tickets. I would go with the request the cops notes on you tactic and then the postppone tactic. It works just rean and research your laws in CA and stick it to them for good. And the one guy was right about you not having to let them look under the hood. Anycar can go 72mph and that is not just cause for searching an engine without permission. It could be argued in court. I would ask the cop if he looks at ever cars engine to make sure everything is legal on ever auto he pulls over for speeding. If he says and he will no, the next question is why me, then you can argue he unjustly profiled you. The arabs make a lot of money off this simple argument in law suits, which you could hint at in court. good luck I am currently psotponing a 72 in a 55 myself in VA. There is an interstate btw WV and VA that weave across the borders back and forth. For 1/2 you are in WV then the next 1/2 mile your in VA, then back in WV, then back to VA and so on. Anyway the same interstate in WV the spped limit is 70mph as soon as you go back into VA again its 55mph. In one of the small VA section a damn VA state cop pulled me over for 72mph. Damn asshole bullshit is what it is.

 

OHP has laser, most Cleveland suburbs have it, and even some Cleveland city cars have it. I see laser quite often now. Have to watch my speed alot more than I used to.

 

This is so stupid I don't know what to say....:dunno: You are the reason why the rest of us have problems.....

 

Tips for fighting tickets :thumbup:

Driving like an ass becuase you think you can get away with it :madfawk: :madfawk: :madfawk: :madfawk: :madfawk: :madfawk: :madfawk:

 

I'm glad someone else felt this way...props to the two of you. I wanted to stay out after this A$$, but I' glad you two stepped in. I can't believe the mindset of some who tout the way they can break the law and then get away with it. And guys like Kosh wonder why he went through what he did.