Argh! I just got a Ref Ticket!

Considering how long I've deserved one, I guess I was about due.

Obviously I can return the car (S5 T2) to stock, but I was wondering:

If I pay the bail will I still be violating CVC 24004 (vehicle cannot be driven until in compliance)?

If I pay the bail, what would happen if/when I receive another ref ticket?

 

I guess it all depends on how far your car is modded. If it's rather easy to be turned back to stock then that's is the cheaper route.

Yes you can go in and just pay the ticket to make it go away, that is what the bail is for. I won't answer what happens if you get a second ref ticket because I don't know for sure. And I rather not say anything than give you wrong info.


Edit- so what happened, did you concede to a search or something? What exactly did he find in your car?

 

I just got one last month, my fine came in the mail $50 with proof of fixing $737 without proof of fixing. If you pay the bail without proof your ticket is dismissed but obviously there is a chance of getting another one and your second ref ticket can be higher in bail. The price depends on the county as well, where did you get the ticket?

 

do what i do... go to court.. tell the judge that you need to save up more money to pay and restore the car back to its original state.

meanwhile you want to do good and pay the bail to dismisses the ticket.

but if he would be so kind to reduce the bail or send you to community service =]..

my ticket was 843 , he reduced it to 350... this is about 8 years ago

 

Woah sorry for the late response!

I did not concede to a search, but it turns out that the Fuzz can do an under hood inspection without a warrant or consent.

The car is not tooooo far away from stock, but I'll need to reinstall the air pump, intake, exhaust, and all the little periphery on the air pump.

I got the ticket in San Diego county.

Out of all those things, the only item I have in my possession is the air pump. People really want a lot of money for the main cat, and I've been priced at roughly $500 for all the parts!

At that point, it hardly seems worth it to try and fix it, although it would give me a "Plan B" for the biannual smog check

 

Of all the things allegedly illegal with my car, the officer pointed at my Greddy Air Filter and told me I need to get reffed. lol!

I'm not trying to say I don't deserve this, but I wasn't even driving any kind of recklessly! I was just putting around town going like 5 over the speed limit. She "forgave" the speeding and wrote "speeding" down as her Probable Cause for pulling me over. No I did not admit to speeding.

 

An inspection for the sole purpose of finding an infraction constitutes into a search

 

Speeding was her probable cause for pulling you over, but not to look under the hood or search your car. Plenty of people get stopped for speeding, and don't consent to searches.

 

Well she clearly told me that it wasn't a search, and that it was an "inspection". I refused twice but she told me that she would tow my car to the station if I didn't open it.

Things could have been different, yes. But would any of this play in court?

 

She can tow it, but you still can't search it. And what's her reason for impounding it ?

She was intimidating you. And I know it feels very tense when an officer starts pushing your buttons. I've been there... Ultimately you have to know the law, and make him/her understand that you know the law, and you're not afraid.

She'll probably state something stupid in front of the judge, like he had lowered his suspension, and had rims.
Either or both should get that case thrown out.

But I'm not a lawyer, I just know for myself, should that situation occur. But I would ask her to do what she had to do, and realize it may be a long day for me.

 

CVC Section 2806: Vehicle and Equipment Inspection:

Any regularly employed and salaried police officer or deputy sheriff, or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this code or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the code.


Speeding as Probable Cause is a bit of a stretch, but I feel like the Judge isn't going to be on my side for that one.

 

Well the fact is you eventually relented and allowed her to pop your hood, had you loudly protested and told her no, and had a witness/record. It would be an illegal search or seizure. And would stand up in court. You could still try it, tell the judge that the evidence against you was illegally obtained, and you did not consent to the search. Also a lawyer may be cheaper than $700 you may want to check into that. I'd try and have that stuff dismissed.

The judge won't be happy that you were in fact guilty, but he has to follow the law.

I've been on Juries multiple times where the Judge instructed us to ignore damming evidence, because it was not legal the way it was gotten. And based on the rest of the evidence we couldn't convict. As much as we wanted to, we had to agree that had we not heard that it would be impossible to prove guilt beyond a reasonable doubt.

Unless you have some seriously damning stuff like a straight pipe, or a fart cannon, NOS Tank, where you can see the probable cause from the outside there is no reason for him/her to go after you in a search.

 

It's tough owning a modified import then and now, especially a rotary powered aka gross polluter. I remember getting popped a few times while I was younger with my old FD and being asked to popped the hood. Luckily back then, cops weren't so quick to give a ref ticket (unless I was just lucky).

Since owning my C6, now the cops just wave at me. Although, I would like to own an LSx powered FD. DCrosby...let me know if you wanna dump yours yah?

 

You'll be last on my list, I promise

 

Har Har!

 

As I said an inspection for the sole purpose of finding an infraction constitures into a search. Probable cause or consent is what makes the search legal. In your case it was obvious that the cop bullied you into consent because if she had probable cause she wouldn't have threatened to tow your car.



Dcrosby speaks the truth.

 

Safety inspection doesn't require a search warrant. Embedding an officer usually doesn't go over well.

The court has backed this time after time. The inspection isn't a criminal issue, it's about whether or not you get sent to a state referee. It's all about $$$$.

Is it wrong yes. Wonder what would happen if you had drugs under the hood ?

You gave permission or would it get tossed for PC?

This information comes straight from an Officer on a different forum and has been confirmed by more.

"If you have anything that points to possible emissions modifications, then yes an officer can do an "Inspection" under your hood. The court finds it reasonable to for an officer to believe that a vehicle is modified because people who have modified exhaust, stickers, extra gauges, etc. usually have illegal mods (intakes, headers, blow-off valves, etc.). This is not a "Search", but a "Vehicle Inspection". If you don't have CARB numbers for everything, you are screwed and cited for 27156(B) cvc (Smog Ref Certification need). The car must be driven directly home and taken off the road. If you don't, the car is impounded. If you refuse to open the hood, you are subject to arrest under 2800 cvc. Officers are all being trained on what to look for. Getting sent to the state smog ref is worse than getting a moving violation, as they go over your car with a fine tooth comb. Thank the ricers in LA causing all of this enforcement by the way."

 

 

I embedded a cute young officer once, back in my single days; it went over very well.

 

Male officer we heard lol

 

Wacky loves to be embedded and then gives free slurps slurps.

 

LOL I f'ed that up!!

 

I'd love to hear the justification of Stickers, or Gauges for engine modifications, because theoretically all the cars sold in the 90's with the dealer's name and phone number on the trunk, were all subject to inspections.
For instance I have a Boost Gauge, which reads nothing but vacuum, since I no longer have a turbo on my FD. so does that constitute an inspection ? The car didn't come with a boost gauge, yet most people see it as essential to check out the health of the car.

I think it all depends on if you know the law, and what your tolerance of messing with the officer, and being detained is.

I had a ticket for Tint, and it stated non-correctable. I went to a CHP showed proof I had corrected it. Sent the ticket in, and they sent it back stating I had to pay the fine. I went to court, and fought it. $148 ticket dismissed, by the judge, court costs $35.00. Sometimes it pays to fight sometimes it doesn't.

 

Depends on the judge. Some people get away paying the fine and can drive the car again. Others pay the fine and still can't drive it. Others try transferring the car out of name and are still stuck with fine and car has to be ruffed still.

I got one two years ago and it was almost time for registration. I registered non-op and went to court and showed I non-oped it and explained if have to fix everything to smog it to get it road legal and he fully dropped it.

Good luck

 

Agreed... ddawson's post had so much wrong with it that I didn't even bother. hence the