Virginia Exhaust Law and Police Harassment

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eclipsewigles

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I have been pulled over for my exhaust. I have an aftermarket muffler, and I live in virginia. 46.2-1049 is the code for illegal exhaust in virginia. One state trooper pulled me over in January and gave me a warning because my girlfriend, his neighbor, was with me. Then he pulled me over on 4/18/08 and gave me a ticket for my exhaust. Then today I was on my way to school and some troopers had a big rig pulled over and were talking to him, and one of them shouted at me to pull over. It was the same trooper that gave me my first ticket. Well, he gave me another ticket 4/29/08, and took my tags and I had to tow my car, which led to me having to take my front bumper off and it got damaged. A friend of mine was directly behind me and his car is louder than mine but they never said anything to him. There was only 11 days in between the two tickets he gave me. I had no time to save up money to get it fixed. I also have no job, had a job interview on the same day he got me towed that I had to cancel, and I am stuck at home with no transportation. I am going to fix my exhaust. He never put a decibal meter to my exhaust to claim it illegal, which I heard I can bring up in court and it should be dismissed. Also I think he is harrassing me, because he stops me every chance he gets. Any advice will be greatly appreciated.
 
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Was the exhaust improper or unlawful? If so, then the stops were lawful.

The fact that you could not afford to repair it is not his problem. He can cite you whenever he sees the violation if he wants to - it's not a free pass to keep violating the law until the court date.

Further, his not stopping someone else does nothing to make your offense any less unlawful.

Fix the exhaust and get back on track.

- Carl
 
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