Got a ticket the other day for my muffler being too loud, which I think is bs. Yeah I have an aftermarket muffler, but it isn't that loud. I've been driving the car for over 2 years and have been pulled over three other times for other reasons, and never got a ticket for the muffler. So of course they give you the violation number, but not the actual violation, so I called the precinct to find out what it was. Whoever answered was able to find the law, but not the section. The law is 178 and the section is 42H. If anyone knows what that is. Let me know. It happened in Mt. Vernon, NY. I want to find a loop hole to get myself out of the ticket.

 

Hey, I looked this up in the NY Code Ann. and couldn't find anything b/c that had to do with this. Are you sure of the citation? If you get me a good citation, I can get you the language of the code.

 

Yeah - it's 178.42H. Well... :thinking: it could be 178.24H. I don't have ticket with me now. But it is either one of the two.

 

it should be unapproved equipment or sound violation.

 

Find out what the dB requirements are and how they are measured, and did the officer giving you the ticket follow the proper procedures and have the proper measuring device (not likely). Usually at a specified distance from the side of the car and a specifed dB level some places its 95dB @ 25'.

 

Just based on the section that you gave me, I'm assuming it was a City Summons and not a State UTT. If it was the UTT, it should be section 375 sub 31. The gist of that section is that ANY muffler that is louder than Stock is illegal in NYS according to the Vehicle and Traffic Law. The law states that it is illegal to have a muffler/exhaust system that amplifies the vehicles sound. NYS doesn't have any decible limits or anything like that.


The Municlple Codes in Mount Vernon may be different. I can't tell you exactly what thier muniple codes say, but its probably similar to where I work, and most likely your summons was for some sort of an "Excessive Noise" violation. Most municiple codes are usually not very specific in this type of matter...they do that on purpose so that officers could group a number of offenses within that section (ex. loud car stereo, loud house party, yelling in the street, loud muffler, etc.) If you want to find out about the specific law, go to the public library in Mount Vernon, and ask to see the City Ordinances. You'll find your answers there. Who wrote you the ticket anyway? I know several guys who work there.

 

is it a "fix it" ticket?

 

Here's a web-site I found that has the code for Mount Vernon

http://www.e-codes.generalcode.com/c...t=ws&cb=0742_A

However, I still couldn't find an ordinance by the numbers you gave me.

If your ticket is for 178-4(B)(7), I'd go for a void for vagueness defense because that section alone does not set out any objective standard for measurement.

However, objective decibel-based standards are set out in 178-4.3(B) and 178-4.4 so they should have noted a decibel level on the ticket as measured at a distance of 50 feet from the center lane of which the vehicle is traveling.

If there's no recorded decibel level on the ticket, you should be fine.

Just my .02; not legal advice.

 

Thanks for all the responses guys. There's some really really good info in here. I don't have the officer's name with me right now, it's not a fix it ticket, and I was wondering...if he happened to write down the ordinance incorrectly will the judge have to dismiss the ticket?

 

No.