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vtxfrog

WELL THIS JUST SUCKS

78 posts in this topic Last Reply

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vtxfrog

on my way home a few days ago and as i left the traffic light i went to pass a slow moving car and as i did our local PIG inforcement stoped me and claimed that i had loud pipes and hit me with a $250.00 ticket. i tried telling him that they were factory stock pipes and he said does't matter if he can here you 35 feet away you get a tickect....we have a zero tollerance here in elkhart for noise....

 

so i went and talked to my local city council and they had no idea that they were writting tickets for factory bikes so they are looking into revaping the ordance here in elkhart. then the council told me to fight the ticket since i have stock factory pipes and the bike is stamped with emission settings and it is all stock and they said that fedral laws out does local city laws saw i need to fight this...

 

so it looks like i will be in court fighting this one...

 

 

so if you are ever in elkhart, indiana for any reason watch out for a unmarked silver mustang he hides good and will nail anyone he can for what ever he can. i was told he even got a dresser for his stereo.....last year he wrote out 1100 tickets and at $250.00 each that is a wopping $275,000.00 he made the city and if you get another one within 1000 days it is $500.00 3rd offense is $1000.00 and 4th is a cool $2500.00.... and so far this year he has over 600 tickets wrote out so far...

 

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dwsonar

That does suck. Now you have to tie up your time to deal with something that foolish. I guess someone has to take a stand. Good luck.

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vtxfrog

yeh i have to take off from work to tell the court i want to fight it and then i have to take off again to go to court to fight it and bring all my evadenice for my side and hope i can prove my case....

 

but his ticket writting last year paid for 8 new squad cars and new tactatl gear for the E.P.D. and they still have the gall to say that i all came from our taxes.....

 

 

 

BULLSH!T ! ! ! ! :rage: :rage: :rage: :rage:

 

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Joep

hmmm sounds like this gentleman(cough cough) needs to be brought up short.. you need to get a decibel meter and set it at 35 feet.. and take readings... then go to the EPA noise standard and see if it breaks the 80 decibel standard that is set.IIRC as the standard for factory pipes.. and also see about getting the oem tests results for the noise qaulification.. and also see if the city has set a decibel level or left it as a subjective standard.. and ask for the officers latest hearing test results..

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vtxfrog

to late already done and the meter read out at wooping 83 db's... but the pipes are 5 years old so you have to include the age of the bike... i think i have all my base's covered but am open to all coments in case i missed something..

 

as for the db levels in the city there are none the ordance read as follows.

 

IF THE NOISE CAN BE HEARD 35 FEET AWAY.

 

that is it and i told the city concil this.... if you are standing on one side of the street and i am on the other and i yell to you to say hello. that is breaking your ordance... this is making them rethink it and hpefuly doing a rewrite..

 

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DigbyODell

time to find a lawyer who will go after the chity on a pro~bono case :banana:

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waltja02

You might try getting in touch with the prosecutor. Let them know that your gonna contest the ticket. Give them a general idea of what you defence to the ticket is (without throwing your cards on the table) and see if they will just dismiss it without wasteing your time and theres.

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Devans

[user=1109]waltja02[/user] wrote:

You might try getting in touch with the prosecutor. Let them know that your gonna contest the ticket. Give them a general idea of what you defence to the ticket is (without throwing your cards on the table) and see if they will just dismiss it without wasteing your time and theres.

This is exactly what I did.... I ended up paying a $30 court cost rather than a $300 and something ticket. :dance:

 

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vtxfrog

well spent the day giong over the bike and found 2 lables stating the emission levels from honda and also found honda's lable on the bottom of my factory pipes stating that they meet all fedral emission / sound levels and made copies and photographs of them plus photo's of my bike the day it came homewith the factory pipes on it yeh i am getting all the info in line for this

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AspectOne

It would seem to me a simple cure owuld be to have a few guys get together and go have a nice "friendly" conversation with this Barney.

 

I believe he can be persuaded to start showing some understanding if you get my meaning.

 

 

A1

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vtxfrog

[user=1316]AspectOne[/user] wrote:

It would seem to me a simple cure owuld be to have a few guys get together and go have a nice "friendly" conversation with this Barney.

 

I believe he can be persuaded to start showing some understanding if you get my meaning.

 

 

A1

no dice... i talked to some people that know this Crpl. M. Bogart and yes that is his name BOGART.... anyway they informed me that as they grew up with him he was a total a$$hole... and now he is a A$$HOLE with a badge and a PISSY Attitude he has no reasoning with people......

 

 

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vtxfrog

now i said I was not about to go and do something stupid....

 

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toomanyfumes

Around here you're vehicle can be as loud as you want it....IF it's a Harley.:looking:

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Devans

[user=479]toomanyfumes[/user] wrote:

Around here you're vehicle can be as loud as you want it....IF it's a Harley.:looking:

Same here Andy... :CRAZY:

 

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vtxfrog

this is the new idea the mayor came up to get more money since so many people are out of work....

 

make the people that are working pay more and the people that aren't well we will just take the food out of your children's mouths so our police department can have new toys to play with......

 

but i did what the city council ask me to do and write the city prosacutor a letter telling her what a in just thing is going on here. stop people with factory exhaust systems....now just waiting a reply if any

 

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Devans

I never got a reply to my letter to the prosecutor..... my reply happened when I was in the lobby waiting for court. They could have contacted me and not wasted my time nor the judges since they decided the deputy was WRONG. But instead they waited for court to tell me and the judge the deputy was a retard. :CRAZY:

 

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topgun

so the cops silver mustang is electric??

cuz otherwise i think it would make some noise @ 35 feet also.

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Cactus_Jack

True I bet his siren is audible at over 35 feet

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Roleketu

Greetings,

 

Here in Massachusetts there have been several towns scurrying to adopt noise laws that target motorcycles. I'm a member of the Massachusetts Motorcycle Association (MMA). The MMA here is very active in fighting any unfair on un-lawful citations that target motorcycles. Some towns have tried passing laws requiring EPA stamps or decibel levels. If a motorcyclist gets a ticket in Massachusetts for one of these laws the MMA requests you contact them. They have legal advice and will challenge those towns tickets. Here's a link to the MMA website where you can read news post about these issues. MMA Website

 

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vtxfrog

[user=398]topgun[/user] wrote:

so the cops silver mustang is electric??

cuz otherwise i think it would make some noise @ 35 feet also.

uuuuuuummmmmmmm! nope 475hp police enforcmet package from what i been told and it is no way QUITE!

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vtxfrog

[user=870]Roleketu[/user] wrote:

Greetings,

 

Here in Massachusetts there have been several towns scurrying to adopt noise laws that target motorcycles. I'm a member of the Massachusetts Motorcycle Association (MMA). The MMA here is very active in fighting any unfair on un-lawful citations that target motorcycles. Some towns have tried passing laws requiring EPA stamps or decibel levels. If a motorcyclist gets a ticket in Massachusetts for one of these laws the MMA requests you contact them. They have legal advice and will challenge those towns tickets. Here's a link to the MMA website where you can read news post about these issues.

thanks wounder if they have a chapter for indiana.... i will have to look into that...

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Joep

Start one??

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plskthompson

Check with these folks, I'm sure they'd be willing to jump all over that.

 

http://www.ama-cycle.org/

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Joep

I got to thinking (it really did hurt ) about the ordinance 35 hearing noise rule... seems to me this is subjective based on a person's hearing and not objective like in a DB measurement. ( goes along with my earlier comments)... and I would base anything I do to fight thing on it being subjective therefore not subject to positive testing and consistant reliable results..

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plskthompson

[user=895]Joep[/user] wrote:

I got to thinking (it really did hurt ) about the ordinance 35 hearing noise rule... seems to me this is subjective based on a person's hearing and not objective like in a DB measurement. ( goes along with my earlier comments)... and I would base anything I do to fight thing on it being subjective therefore not subject to positive testing and consistant reliable results..

Very good point. Without a DB reading, the "officer" has nothing to say that he heard it, whether he did or not.

 

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