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Discussion Starter #1
does anybody know if they pass state laws got a improper muffler/emits smoke at times ticket the other day thanks for any input
 

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Village Idiot
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there are some states that have opacity laws, ,eaning if you black out the road for 3 sec or more they can ticket you . but i would think that is cali or colorado. but a diesel (aka a semi ) will barks some smoke at times. which is where the 3 or 7 sec rule comes in. but a walker btm will not get you a ticket tunning might. just my 2 cent but i aint the judge of the county.
 

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The Fireman
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I don't think a muffler is going to stop the smoke from coming out.

You will need to get some better tunes that don't smoke as much.
 

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Discussion Starter #6
i am in indy and it did smoke prety good but it could have been a whole lot more smoke if i would have put it on 140 he probrably would crap his pants anyway we will see in court thanks for the replys
 

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Discussion Starter #8
impd indy southside
 

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The Fireman
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Thats gay... I'm glad I have never been pulled over for smoking. My truck dont smoke much but if i shift early and lay into it be the turbo spools it does.
 

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Village Idiot
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Was it cold weather wise ? Maybe you can claim bad glow plugs
Been repaired etc.... nc has something called faulty equip lawyers use it all the time.
But each state is diff. And you prob still get some bs 100$ court cost
 

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Discussion Starter #11
the weather was cold anybody know how to access indiana laws the offence is 9-19-8-5/ifc thanks
 

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IC 9-19-8
Chapter 8. Mufflers and Noise Limits
IC 9-19-8-1

Application of chapter
Sec. 1. This chapter applies to every motor vehicle except an
antique motor vehicle registered under IC 9-18-12-1.
As added by P.L.2-1991, SEC.7.

IC 9-19-8-2
Muffler leaks, alteration, or deterioration
Sec. 2. A motor vehicle must be equipped with a muffler free
from the following visually discernible conditions:
(1) Exhaust gas leaks.
(2) Alteration of muffler elements.
(3) Deterioration of muffler elements.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-3
Operation of muffler or noise dissipative device
Sec. 3. A motor vehicle must be equipped with a muffler or other
noise dissipative device that meets the following conditions:
(1) Is in good working order.
(2) Is in constant operation to prevent excessive noise.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-4
Muffler cutouts and bypasses
Sec. 4. A motor vehicle may not be equipped with any of the
following:
(1) A muffler cutout.
(2) A bypass.
(3) Any similar device.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-5
Excessive fumes or smoke
Sec. 5. The engine and power mechanism of a motor vehicle must
be equipped and adjusted so as to prevent the escape of excessive
fumes or smoke.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-6
United States Department of Transportation regulations;
classification of violations
Sec. 6. (a) This section does not apply to a person who owns or
operates a vehicle or combination of vehicles that:
(1) contains parts and accessories; and
(2) is equipped;
as required under regulations of the United States Department of
Transportation.
(b) A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.7.


But you should be able to fight the smoke part and win. What was used as the bench mark of what is excessive? Only the officers opinion based on what one acceleration with smoke? Did he take any pictures. Get a diesel mechanic to write a letter stating your trucks engine was found to be in proper working order and in compliance with said law. You or have him point out that when it is cold out (as it was at the point of this alleged infraction)and vehicle in question had just been started its well known and completley normal that in these conditions diesel powered vehicles will smoke more then when they are fully up to temp and or in warmer outside temps.

As it is up to each individual officers eye and opinion of what is and is not excessive smoke who are not trained diesel mechanics or emissions professionals by you having a letter from a professional in the field of diesel engines you will insert more than enough resonable doubt. Adding in the cold weather part helps as well. Make sure to make no disrespectful comments about the officer or that he didn't know what he was talking about or had a chip on his shoulder. The point is you felt your truck was in proper working order per the laws requirements and because of this ticket you took it to a mechanic to see if any deficiencies did actually exsist and to have any such things corrected if found. As a qualified and licensed diesel mechanics he found no deficiencies and stated it was in proper working order as per the issues of excessive smoke or improper tuning to cause or create such a condition.

This does not apply to you but I do have to say that I think any idiot that decides to purposely roll coal down a city street where there are people walking etc or in heavy traffic deserves a ticket. Times and places for most things. That is not it.
 

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<----Nice headlights!!!
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Agreed. Keep the smoke off-road or on stretches of road that dont have traffic. I drive a diesel but I run every morning too. All I can say is when Jonny Cummins smoked me out the one morning and I caught up to his green-toothed redneck azz at the gas station and he didnt feel as cool when some guy in sweatpants was shoving his face down by his tailpipe and telling him next time he's gonna get it real bad. I think the smoke is cool too...love truck pulls but doin that on the street to somebody unsuspecting or undeserving rather is baby crap.

I think the suggestion of mechanical inspection is sufficient to show reasonable doubt. Be courteous! If you fly around constantly and blow coal the DA and judge will know before you get in there and you'll lose. It seems like since people started tuning to smoke the law enforcement and manufacturers have tried to choke em back down. Coincidence? Doubt it.
 

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Village Idiot
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might help , might not but you could get a letter from walker nappa or summit stating that that muffler is a proper replacement and suitable for on road use. assuming that diesels are required to have an exhuast with a muffler.

but the bottom line will be how the judge feels at the time your standing up.
One time i went to court and some snotty lil teenage kid passing people on the right doing 90 , had to piss off the judge right before my turn...
nobody was getting out of anything that time.
 

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Discussion Starter #15
thanks tarm and others
 

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Welcome. Actually looking at the way tickets are you likely got the ticket for the smoke and that is bundled in with the muffle part on the ticket check box or did he specifically tell you your truck was too loud. Unless he pointed out to holes or something actually in disrepair on the muffler based on the laws for it I can not see how that is part of it. My guess is smoke only is the issue. In that case a good letter from a diesel mechanic saying everything is GTG and the sort of an out for the officer by the when its cold out they smoke more. The other thing that really gets me on this stuff is cops and even these opacity standards people seem to want to throw all diesel trucks in to one big group. The issue with this is the newer engines sure as hell do not smoke anywhere near as much as a old truck in perfect condition. Take a look at what the older METRO or City Buses spew out taking off compared to what the newest ones do. Talk about blacking out an entire block. A 8 year old 7.3 is sure not going to be clean like a 2010. That's just stupid. I doubt very much that officer was trained to have different standards for different year trucks from all the various manf. IMO you can't just leave it up to opinion. There must be clear definable standards that woudl get repeatable results. Then again most all traffic law penalties are a money grab for the most part.

I got a parking ticket in Washington DC. It was totally bogus as the machine was broken. I proved it and the ticket was found without merit and dismissed. They still required me to pay a $35 court fee!!!! I did not pay it and will not. been 7 years now. How can you make a person pay what is basically the cost of the parking ticket to defend getting a bad parking ticket. What many jurisdiction are doing is instead of raising penalties for infractions. they are tacking on all kinds of fees and then raising those fees as a way to make more money for the government. Take a out of date inspection sticker: penalty $30 Processing fee 25$ State some other fee $15 and some other fee I can not recall the name of was $10-15. SO for a $30 ticket you end up paying almost $100. That my friends is BS and all the gov are doing it as a way to make up revenue to keep wasting our money. The way you can really see that most traffic violations laws and penalties are not really about saftey at all is in most all cases if you go to court you can get the points dropped but you will need to pay the ticket and now court fee. ITS ALL ABOUT THE MONEY. Give us a bit more $$ and we will reduce some of the actual penalty. Last time I checked that was extortion or illiciting a bribe. Don't even get me started with camera generated tickets.
 

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Discussion Starter #17
yea its redickulous the ticket is 150 if it had been less than 100 i would just pay it
 

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Discussion Starter #18
cop didnt show ticket dismissed thanks for replys
 

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Glad it worked out.
 

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Okay what did I miss. Whats with the walker truck muffler ? They should be for big trucks, thats what I have on my Intl CAT 425 but not for long because it will be dual straight (Aussie stacks) now thats LOUD.

Okay sorry for the derail:D
 
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