ResIpsa

I have always wanted to try one of these cases. However, even if I charged almost nothing it would cost more to retain me than just pay the fine. The "or comparable to that designed for use on the particular vehicle as standard factory equipment” language should (in the real world) make these cases impossible for the prosecutor to prove.

The statute should require the prosecutor to bring in an expert witness. In this case, probably a Nissan technician to testify about the design and noise level of the factory exhaust. Then the technician would have to testify about the design and noise level of the factory exhaust. In my opinion, this would also require a decibel gauge.

Of course, the technician will have no expertise on the aftermarket exhaust. Therefore, the prosecutor would then need a separate expert witness for the aftermarket exhaust. That witness should be required to testify that the aftermarket exhaust is not “comparable to that designed for use” on a 370Z and that it is measurably louder.

Unfortunately, this is not what happens in the real world. The cop just uses your statement that it is an aftermarket exhaust and testifies that, in his opinion, it was louder.

If you want to fight this in court, you could try the following:

However, nothing in this post should be considered legal advice and you should always contact an experienced attorney regarding any legal matters. Also, never rely on legal advice taken from a forum post. Finally, nothing here should be taken as forming an attorney client relationship nor impose any obligation to any party.

First off, never admit to having an aftermarket exhaust. I don’t care if you have open tube headers sticking out of your hood. Even if the officer asks, you have a 5th amendment right against self incrimination.

This scenario assumes that you will not talk to the prosecutor or officer before your case is called. That may or may not be a good thing to do. But in this case, let’s just try and ambush them. Again, not always the best thing to do…

When your case is called wait for the officer to testify. After the officers testimony the judge will ask if you have any questions for the officer.

Keep in mind that you need to be disciplined and courteous to the judge and the officer. (Sorry Sndtgr08 I don’t think you could pull this off) Don’t go into a diatribe about your perceived injustice or your angst. Don’t give your side of the story. JUST ASK THE OFFICER STRAIGHT LEADING (YES OR NO ANSWERS) QUESTIONS. Assuming that all the officers answers are going to be no.

Can you describe the design of the exhaust system of a 2009 370Z?
Does the 370Z exhaust design utilize baffling? Chambering? Packed metal fibers? Resonators?
Can you describe the design of the exhaust system on my car?
Does the exhaust design on my car utilize baffling? Chambering? Packed metal fibers? Resonators?
How loud, in decibels, is a 370Z exhaust?
How loud, in decibels, is the exhaust on my car?
Does the police department have any device to gauge the decibels of sound or an exhaust? (this he may answer yes)
(if he answered yes) But in this case you chose not to utilize a decibel gauge?

Then you would tell the judge you have no further questions (I like to say “I’m done with this guy”). The Judge will then ask if you have anything to say (if he asks for a copy of your driving record from the cop you have already lost).

Your closing argument would be something like: Your honor, the Officer testified that he did not know the design of the 370Z exhaust or my exhaust. Also, he does not know the decibel level of a stock exhaust much less my exhaust. (now hand up a printed copy of the code section regarding exhausts). I don’t believe that the officer proved beyond a reasonable doubt that my exhaust was not of a comparable design or that it was louder than a stock exhaust.

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The Reed Law Firm; Michael Fasano VA Attorney and Counselor at Law: A Virginia Traffic, Criminal, and Family Lawyer.https://reedlawva.com/