Nissan 370Z Forum - View Single Post - Looking on info on Va Laws (mufflers and exhaust)

Sndtgr08 · 04-16-2012, 07:25 PM

@ ResIpsa

Exactly the strait info I was looking for. Thank you!

UPDATE!

No the officer did not atempt to take a reading and I would venture to say they do not own one. I have this shipping to me now Amazon.com: USB Handy Digital Sound Noise Level Meter Decibel Pressure Logger with Tripod Mounting: Everything Else

I plan on taking readings at the interestion of the court house at various time of the day on a weekend, video it and log my results to get an average of what "normal" is, close enough that any officer from the court can duplucate my results. I also plan on setting it in a friends crown vic in the spot the officer was sitting and drive back and forth 10 times, on video to show that he could not hear me. I have also started a petition that I plan on getting all my neighbors to sign saying they feel my exhaust is not "excessive or unusual"

Before work today I went to the court house to subpoena the tapes of the cruiser. Of course the clerk knows the officer who pulled me over. This Clerk of the Court told me she had no clue what I was talking about and said she did not know what form to give me. I found this to be a load of crap as lawers subpoena for records all of the time. I told her that I am just a citizen and as Clerk of the court its your job and duty to provide me with the documents I need! It took me 10 minutes and me taking down her name on a piece of paper and writing "will not provide proper form" before she gave me a "Subpoena Duces Tecum" but refused to tell me exactly what the form is for, so I have some digging to do to make sure its the right form. ResIpsa, Whats the correct form? As I am reading it on line, it works for medical records and such...its used in divorce...Can it work against the State Trooper to provide the tapes and records?

After work today I went to the Culpeper State Police HQ and asked to speak with a supervisor. I was directed to the Sargents office in the building next door. After they sat me in the lobby I see that the officer that pulled me over was there! What luck! I can hear him tell the sargent the story of him pulling me over for my "Exhaust" and totaly skip the crazy hi speed chase over my licenece plate. About 10 minutes later(The Sarge pulled my perfectly clean driving record at this time) I was told to go in. He starts in on "You have a clean driving record, you know the ticket carries no points" I say "I am not here to talk to you about my ticket. I am here to talk to you about how your officers conduct them selfs." I went on to tell him the parts the street cop left out and told him that I did not want to file an official complaint. I just dont want the officer to wreck into the next person he tries to pull over or scare them or there children. He tells me "I take all compaints Very seriously, and you can be asured the officer will be repremanded. Nobody in my district has free reign to drive recklessly and endanger others. I give my officers no slack and I can assure you he will be delt with. I understand the officer was in the wrong, but you have to understand we are only human and do make mistakes." There is more, but then he goes on to tell me I should bring my original recipt for the exhaust to court and any other documantation I can provide to prove it is an exhaust made for my car and not some modified strait pipe. I asked him if he would like to come out to my car and hear it run, or even take it for a spin as I have nothing to hide, but he said he could not as it may in someway be interfering in the case.

EDIT:
"You cannot subpoena police records unless the subpoena is part of the discovery phase in a current legal matter, which means there will have to be both an open court case involving you, and a reason for you to subpoena police records (for example, if a police officer is a party to the lawsuit in regards to an auto accident)."

"Draft a Subpoena Duces Tecum, which is a subpoena ordering the police department to testify about certain evidence, or provide evidence like police records, recordings, and other tangible evidence in lieu of testifying. Clearly state which records you are requesting, full names, case or matter numbers, any date(s), time(s), or place(s) applicable to the records, and any other information that will help the police department determine exactly what records you are requesting. Sign the bottom, and create a signature line for a court agent or judge to sign."

This is getting exciting

I'll Update again when I have the petition and the test results from the Decibel Pressure reader.

final edit 8:56

04-16-2012, 07:25 PM	#13 (permalink)
Sndtgr08 Base Member Join Date: Sep 2011 Location: Virginia Posts: 162 Drives: 2009 A/C 3.5 MT Rep Power: 13	@ ResIpsa Exactly the strait info I was looking for. Thank you! UPDATE! No the officer did not atempt to take a reading and I would venture to say they do not own one. I have this shipping to me now Amazon.com: USB Handy Digital Sound Noise Level Meter Decibel Pressure Logger with Tripod Mounting: Everything Else I plan on taking readings at the interestion of the court house at various time of the day on a weekend, video it and log my results to get an average of what "normal" is, close enough that any officer from the court can duplucate my results. I also plan on setting it in a friends crown vic in the spot the officer was sitting and drive back and forth 10 times, on video to show that he could not hear me. I have also started a petition that I plan on getting all my neighbors to sign saying they feel my exhaust is not "excessive or unusual" Before work today I went to the court house to subpoena the tapes of the cruiser. Of course the clerk knows the officer who pulled me over. This Clerk of the Court told me she had no clue what I was talking about and said she did not know what form to give me. I found this to be a load of crap as lawers subpoena for records all of the time. I told her that I am just a citizen and as Clerk of the court its your job and duty to provide me with the documents I need! It took me 10 minutes and me taking down her name on a piece of paper and writing "will not provide proper form" before she gave me a "Subpoena Duces Tecum" but refused to tell me exactly what the form is for, so I have some digging to do to make sure its the right form. ResIpsa, Whats the correct form? As I am reading it on line, it works for medical records and such...its used in divorce...Can it work against the State Trooper to provide the tapes and records? After work today I went to the Culpeper State Police HQ and asked to speak with a supervisor. I was directed to the Sargents office in the building next door. After they sat me in the lobby I see that the officer that pulled me over was there! What luck! I can hear him tell the sargent the story of him pulling me over for my "Exhaust" and totaly skip the crazy hi speed chase over my licenece plate. About 10 minutes later(The Sarge pulled my perfectly clean driving record at this time) I was told to go in. He starts in on "You have a clean driving record, you know the ticket carries no points" I say "I am not here to talk to you about my ticket. I am here to talk to you about how your officers conduct them selfs." I went on to tell him the parts the street cop left out and told him that I did not want to file an official complaint. I just dont want the officer to wreck into the next person he tries to pull over or scare them or there children. He tells me "I take all compaints Very seriously, and you can be asured the officer will be repremanded. Nobody in my district has free reign to drive recklessly and endanger others. I give my officers no slack and I can assure you he will be delt with. I understand the officer was in the wrong, but you have to understand we are only human and do make mistakes." There is more, but then he goes on to tell me I should bring my original recipt for the exhaust to court and any other documantation I can provide to prove it is an exhaust made for my car and not some modified strait pipe. I asked him if he would like to come out to my car and hear it run, or even take it for a spin as I have nothing to hide, but he said he could not as it may in someway be interfering in the case. EDIT: "You cannot subpoena police records unless the subpoena is part of the discovery phase in a current legal matter, which means there will have to be both an open court case involving you, and a reason for you to subpoena police records (for example, if a police officer is a party to the lawsuit in regards to an auto accident)." "Draft a Subpoena Duces Tecum, which is a subpoena ordering the police department to testify about certain evidence, or provide evidence like police records, recordings, and other tangible evidence in lieu of testifying. Clearly state which records you are requesting, full names, case or matter numbers, any date(s), time(s), or place(s) applicable to the records, and any other information that will help the police department determine exactly what records you are requesting. Sign the bottom, and create a signature line for a court agent or judge to sign." This is getting exciting I'll Update again when I have the petition and the test results from the Decibel Pressure reader. final edit 8:56 Last edited by Sndtgr08; 04-16-2012 at 07:56 PM.