Did the "Einstein" actually write on the ticket 'obviously a variable fuel delivery system'?

"Obviously" is not proof under the law. So you have a speedometer, therefore you 'obviously' are speeding? 'Obviously' is a presumption, NOT a fact. The officer made an erroneous conclusion not based on fact. The officer must PROVE without any question that you do in fact HAVE an "illegal fuel delivery system"; 'obvious' is NOT a fact, only a subjective conclusion. Like I said, just because you have a speedometer doesn't mean you 'obviously' are speeding.

If you are a member of AAA, they will represent you in court, at least they used to when I lived in California 20 years ago.

Most importantly you have PROOF that the vehicle has passed a bonafide California Smog test. That alone is the proof that your car is legal. You must bring that documentation to court. Bring all your legal documentation that you have a legal fuel system. In fact bring everything that proves you have a legal car in ALL respects.

I am not sure about adjudicating driving citations in California, but in the county where I reside, you can ask for a jury trial in this type of a case. Here judges HATE jury trials in traffic matters and if you push for a jury trial (if it is allowed in CA) you can most likely get this thrown out. The way it works is simple: You, or better yet your attorney, says you request a jury trial. The judge then request a discussion in his 'Chambers' with both attorneys. Your attorney states that you have proof that everything is legal and you know a jury will side with you. If the prosecuting attorney pushes for the trial, 90% of the time the judge looks at the prosecuting attorney and tells him, "You better have an iron-clad case or your ass is grass." (I actually heard a judge say this to a prosecuting attorney in his chambers.)

I am not an attorney, but I represented my minor son many years ago in a very similar ticket (regarding the air intake of all things). It was all legal and the dealer installed it. The cop who wrote a ticket was just a 'dick' who didn't like young people with sports cars. He made my son open the hood and that's when he wrote the bogus ticket. I found out later from a friend of mine on the force that this particular cop HATES young people that have nice cars.

Anyway, no matter what, DON'T pay the ticket. Fight it, especially since you have all the documentation that PROVES the car is 100% legal.

 

You might have missed my update, but my nephew went in with some of the arguments you mentioned and the judge dropped the charge fairly promptly. Still a big waste of time and taxpayer dollars due to an idiot in a uniform.

 

the phrase should be "welcome to the land of fruits & nuts, now get out while you can"

 

Wow, You are just one zinger after another with the California bashing aren't you? It a good thing we are so laid back out here or some of us might take offense.

BTW: I could have been banned by now if I told you what I really thought.

 

My sincere apologies for missing the update.

 

We actually have a street in a local city that is named "salsipuedes" (seriously). As far as California not ever contributing much
get real! If we were a Nation of our own we would be one of the top GDP in the world. I think that every state has something unique to offer, and would be pretty happy anywhere, that said, every one of my friends that has moved out of California over the years either came home or wished they could afford to. Be true to your school (or your state) oh yeah, back in high school attitudes here for sure, belch!

 

Yeah Tim, I bet you could get kicked off of here in a heartbeat, LOL. I am right there behind you. I have lived back east, won't go back. I know that many of these Cali bashers have never been here. It is all good, these people do not understand that over half of all the fruits and veggies that they eat this winter will come from Cali. If they drink wine...yep ..Cali. The toughest smog restrictions, VHOP laws in the country. We are the front runners trying to fix global warming. But hey, we suck because we have great weather. People...it is no time to hate! We better come together soon or we will have alot bigger issues to deal with. Todd (Uma)

 

I hope they have fun shoveling snow this winter...I moved out of Chicago in Feb. '79 when there was soooo much snow and so cold, the semi had to start the engine every 15 minutes and run it for 5 so that the block didn't freeze. I really hated shoveling snow (didn't have a snow blower then) just to get my car out of the driveway...they can have it ...

 

Ok all you young bucks, it's time to grab your ears and pull your head outta your.. ..yep, there.

This crap is NOTHING new. Back in the olden days when I was just a teenie bopper in my hopped up Ford Falcon or VW, or one of many cars I had, this pull ya over for "FIX IT Tickets" was the norm too. I averaged 5 to 6 of these a year from to low, too loud, to tall, to That can't be legal. I even got pulled over for no paint on the car...I just stripped it to repaint. I finally got my act together when I was about 30 sumthin. I beat the case everytime, but why bother. I changed my driving style and got less attention.

It's basic profileing. Young gun in modified car= potential street racer or speeder.. .True then and just as true now. Good kid, bad kid, speeding is a fact of life.. Cops intimidate, it's their job..Some just enjoy it more then others.

I still drive modifide cars. My HHR is the closest to normal I drive, but I drive differently. I've been ticket free for 6 months now... You think CHIP's are A**holes, you haven't met a Texass trooper.

By the way. Vancouver, Canada cops will and can impound a car that is modifide as their courts say if you put a performance part on the car it is for one purpose...Racing and if it has plates, it's a street car and you are street racing.

Guys and Gals we have it easy.

 

Really sorry to rerail this thread, but isn't it a shame your nephew can't go after the cop for lost wages/expenses?