& of course none of that vehicle inspection information would EVER make it into a BAR, CARB, or DMV database... perish the thought!

 

unfortunately what reads on the BAR website does not always move into a courtroom with the same traction. the california vehicle code listed on the DMV website is what the courts usually will go by, and that code can go any direction they want to push it in.

it may be currently voluntary but the code gives way to give it a mandatory meaning as well for the future, or if they wish right now.

the bureaucracy of california never lets you down, everything is written in such a way that anyone can take any meaning from anything.

 

That's easy. Deny testing and don't have to worry about it.

 

my friend declined a roadside test, a month later he received an invitation to see a smog referee

 

What u do is have the first couple of guys go by with the stock cars and make a complete scene about American rights, Obama, immigration and gay marriage... Then all your buddies with the fat turbos cruise by while they are busy...

 

lol, figures.

don't worry though, the nonsense and state government frivolous spending can't last forever. eventually they will realize that the target polluters are mostly gone and the OBDII cars are already being lenient on. the OBDII cars can be failing emissions but not reporting it to the ECU because AFRs through the cat can only detect certain types of emissions, so they apparently have a grey area still for emissions. non misfire counts can still emit carbon monoxide and NOx.

 

Ignorance of the law is what the police prey on. Know what to say and how to say it, it helps immensely.

 

It has nothing to do with ignorance....cops can do anything they want period

 

I'm so glad to we don't deal with this crap in New Orleans. I'll take hurricanes > SMOG.

 

Its a hit and miss like this one lol

 

That is true but it also it doesn't mean that it sticks in court. As I said 'Know what to say and how to say it, it helps immensely'. That includes being polite.

 

But theyre not citing you. Theyre using their connections to ruin your day

 

I know what you are talking about. But it does go both ways. If you feel that your rights are being grossly violated and you weren't doing something that you weren't supposed be doing (like street racing or something of the sort) call in a superior officer. You've be surprised how their tune changes.


P.S. Back in my teens I use to drive a low profile mini truck AKA cop magnet. I received all of the experience necessary when it came to road side stops in that car. As I was pulled over excessively. Cops would literally follow me for miles on end, others would do U turns and pull me over. I got so used to it that as soon as I'd see an officer and if they even glanced at me I'd pull over. Sure enough they would stop and question me on why I pulled over. My typical response was "Just saving you some time and avoiding this cat and mouse game officer." They typically respond with "How did you know I was going to pull you over?" "because it happens all of the time".

In my experience the best way to be is to be polite and know your rights. But ultimately you can deny a search. I have and I'm still here. Probable cause is our friend gentlemen

 

What I am really trying to say is that it's never a bad idea to be well informed and polite when it comes to dealing with the law.

 

Thats different from an invitation to a smog referee. It will be hard to prove that a cop ratted you out or dropped ur license plate # on a snitch box

 

I guess I didn't quite get it the first time. So you are saying that he was sent to a referee with out due process? That he received a letter for the car to be inspected randomly? Even after his car shows that it passed california emission testing? As far as i know the referee program is called upon when a car's legality comes into question. And not a process of randomly selecting cars.

 

Why do you need a due process to be invited to a referee?

 

You have to have broken some kind of law or show anything beyond reasonable doubt that your vehicle has illegal modifications or will not pass smog.

Discrimination and profiling complaints can be made against them for doing so.

 

See page 1. I just posted my friends recent experience as a FYI. Cops dont give a **** if it gets thrown out.....they offer inconvenience for free lol

 

Again, there needs to be a citation involved to justify seeing a referee. If there are no citations issued by the officer at the checkpoint, there is no legal reason for you to be sent to a referee.

 

Again, it wasnt me. comprende?

 

"randomly" being sent to a referee does not fall in line with the California Referee program. Again the referee program provides indisputable proof of whether the car is compliant with California smog regulations. For example, lets say this person bought a CARB legal IC for their RX-7. Cop pulls him over, pops his hood and gives him a citation for it and sends him over to the ref for inspection. So your friend clearly knowing that his IC is legal doesn't change a thing and goes over to the referee inspection. The referee being competent at his job clears his a car's status and deems it in compliance with CA smog laws. In essence, the referee took the dispute over the car's legality and refereed the argument. That is what the referee program is about. To resolve disputes but there HAS to be a DISPUTE.

Since it didn't happen to you and therefore you can't provide all of the details, I'm gonna have to cast doubt in this one. Because for all we know your friend actually received a letter to go to a STAR station and not a referee. Or the cops actually popped his hood so he received a violation and was sent to the referee. Or he is simply yanking your/our chain.

 

good thread