I got a ticket for smoking.
01-28-2007 | 07:00 PM
#16
DTR Mom
Joined: Dec 2005
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From: hills of cali forn ya
You definitely should have control over the nuclear push button...
I'm not a lawyer but i sued my mother once....was the old joke.
01-28-2007 | 07:22 PM
#17
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Joined: Dec 2006
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From: smokin the moutains of northeast Ga
what will hapeen is you go to court and officer wil not show up then court will reschedule. One day of work gone. Go back next week same deal. reschedule. The next week same story. Reschedule. if cop doesn't show up case will be tossed. Next week he may or may not show up. Doesn't matter. Out four days of work for Maybe $150 fine. Its just easier to pay the fine and they know that. Besides i didn't know excessive smoke was againdt the law. Rosie o'donnell should be buried under the jail if that were true
01-28-2007 | 07:27 PM
#18
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From: Central "By God" Texas
Oh I have no plans on giving in. It would bother me more to just pay the ticket than it would if I go and fight it and loose. Thanks for the tips and sorry if this turns into some political debate because of its nature, I just needed some advice so I don't show up empty handed.
01-28-2007 | 07:31 PM
#19
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Hmm...it has been a LONG WHILE since I was a practicing Texas peace officer, but a few things need to be answered first off. What governemental police agency issued the ticket? Municipal police, County Sheriff, or DPS Trooper? In Texas this does make a difference. If a city PD, what city? Big like in Dallas or Houston; medium sized or backwater?
Second, Justwannabeme gave you some GREAT advice. Take heed. If you want to fight this thing, then you have to play it on their terms, which means by their rules.
As I said earlier, it has been ages since I served, but what I would want to know in your shoes is exactly what statute had I been charged with violating (Chapter, paragraph, and section of the specific statute). Call the municipal court or JP in the precinct the ticket was issued and very politely (yes sir, no mamm) ask for this information. Look up the law, and see what it says. The first issue I have is what constitutes "excessive." Is it defined or is it a judgement call? If it is defined the officer must present proof that meets the definition; if its a judgement call then if argued properly, the charge could be thrown out. Again, a lot depends on what agency and what court. Let us know.
Second, Justwannabeme gave you some GREAT advice. Take heed. If you want to fight this thing, then you have to play it on their terms, which means by their rules.
As I said earlier, it has been ages since I served, but what I would want to know in your shoes is exactly what statute had I been charged with violating (Chapter, paragraph, and section of the specific statute). Call the municipal court or JP in the precinct the ticket was issued and very politely (yes sir, no mamm) ask for this information. Look up the law, and see what it says. The first issue I have is what constitutes "excessive." Is it defined or is it a judgement call? If it is defined the officer must present proof that meets the definition; if its a judgement call then if argued properly, the charge could be thrown out. Again, a lot depends on what agency and what court. Let us know.
01-28-2007 | 07:38 PM
#20
Administrator / Scooter Bum
Joined: Sep 2002
Posts: 9,085
Likes: 47
From: Central VA
Yeah an actual judge here. But not in Texas where thar's a world of difference.
1. Hope that your speeding ticket was more than three years ago. Clean records give judges a point in your favor.
2. Fact is the cop (local? state? makes a big difference) was ONE AND A HALF BLOCKS AWAY.
Can not see past your truck, no how, no way from that distance.
If you weren't speeding (obviously) then it is to be construed that your truck smokes ALL THE TIME, in order to create this situation.( It does NOT, right?)
try this:
You were hanging back from the 1980s (whatever year) truck in front of you, cause smoke from it was getting sucked into your ventilation.
You have a friend to confirm this. detailed description of the other truck. You have never been involved in an accident so you are not really familiar with having to remember the license plate and details. My truck is right outside for your inspection, sir. I drove through that smoke, not created it. I can show the officer what RPMs I 'd have to push before that kind of smoke would appear.(or whatever your truck does).
no hat, clean jeans, button front shirt. lot of eye contact and
very firm on what did or did not happen. shake head no, say no way! for question on your truck smoking. do not be polite at that point. THAT is where
you emphasize. no blame on the cop; my guess is he was too lazy to run down the road for something trivial, wrong didn't matter- sounds like city cop.
that is my experience of listening to folks who I have to decide how credible they are within thirty seconds. Figure the cop wouldn't write the ticket if the event did not happen. that's an honest view from me, hope that helps. Listen to Hondo, we hate hillary Clinton.........can she immigrate to California begle?
1. Hope that your speeding ticket was more than three years ago. Clean records give judges a point in your favor.
2. Fact is the cop (local? state? makes a big difference) was ONE AND A HALF BLOCKS AWAY.
Can not see past your truck, no how, no way from that distance.
If you weren't speeding (obviously) then it is to be construed that your truck smokes ALL THE TIME, in order to create this situation.( It does NOT, right?)
try this:
You were hanging back from the 1980s (whatever year) truck in front of you, cause smoke from it was getting sucked into your ventilation.
You have a friend to confirm this. detailed description of the other truck. You have never been involved in an accident so you are not really familiar with having to remember the license plate and details. My truck is right outside for your inspection, sir. I drove through that smoke, not created it. I can show the officer what RPMs I 'd have to push before that kind of smoke would appear.(or whatever your truck does).
no hat, clean jeans, button front shirt. lot of eye contact and
very firm on what did or did not happen. shake head no, say no way! for question on your truck smoking. do not be polite at that point. THAT is where
you emphasize. no blame on the cop; my guess is he was too lazy to run down the road for something trivial, wrong didn't matter- sounds like city cop.
that is my experience of listening to folks who I have to decide how credible they are within thirty seconds. Figure the cop wouldn't write the ticket if the event did not happen. that's an honest view from me, hope that helps. Listen to Hondo, we hate hillary Clinton.........can she immigrate to California begle?
Pay particular attention to the first line of her post.
01-28-2007 | 07:52 PM
#21
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Joined: Mar 2004
Posts: 103
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From: Monroe,Michigan
SIMPLE !!!! Empty the tank and refill it with BIODIESEL by the court date and tell the judge you thought you were "HELPING" the enviroment!! If he gives you any stuff tell him you are going to tell 37,731 friends on DIESELTRUCKRESOURCE.COM!!! "Why does your truck smell like fries?"
01-28-2007 | 08:01 PM
#22
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Joined: Nov 2005
Posts: 1,971
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From: Land of milk and honey.
you say "excessive smoke"
just how much is "excessive"? explain to the judge that all diesels smoke to some degree and that your truck is not blowing smoke from being old or wore out which is probably what the law means.
just how much is "excessive"? explain to the judge that all diesels smoke to some degree and that your truck is not blowing smoke from being old or wore out which is probably what the law means.
01-28-2007 | 08:16 PM
#23
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Joined: Aug 2006
Posts: 1,007
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From: Albuquerque, NM
Yeah an actual judge here. But not in Texas where thar's a world of difference.
1. Hope that your speeding ticket was more than three years ago. Clean records give judges a point in your favor.
2. Fact is the cop (local? state? makes a big difference) was ONE AND A HALF BLOCKS AWAY.
Can not see past your truck, no how, no way from that distance.
If you weren't speeding (obviously) then it is to be construed that your truck smokes ALL THE TIME, in order to create this situation.( It does NOT, right?)
try this:
You were hanging back from the 1980s (whatever year) truck in front of you, cause smoke from it was getting sucked into your ventilation.
You have a friend to confirm this. detailed description of the other truck. You have never been involved in an accident so you are not really familiar with having to remember the license plate and details. My truck is right outside for your inspection, sir. I drove through that smoke, not created it. I can show the officer what RPMs I 'd have to push before that kind of smoke would appear.(or whatever your truck does).
no hat, clean jeans, button front shirt. lot of eye contact and
very firm on what did or did not happen. shake head no, say no way! for question on your truck smoking. do not be polite at that point. THAT is where
you emphasize. no blame on the cop; my guess is he was too lazy to run down the road for something trivial, wrong didn't matter- sounds like city cop.
that is my experience of listening to folks who I have to decide how credible they are within thirty seconds. Figure the cop wouldn't write the ticket if the event did not happen. that's an honest view from me, hope that helps. Listen to Hondo, we hate hillary Clinton.........can she immigrate to California begle?
1. Hope that your speeding ticket was more than three years ago. Clean records give judges a point in your favor.
2. Fact is the cop (local? state? makes a big difference) was ONE AND A HALF BLOCKS AWAY.
Can not see past your truck, no how, no way from that distance.
If you weren't speeding (obviously) then it is to be construed that your truck smokes ALL THE TIME, in order to create this situation.( It does NOT, right?)
try this:
You were hanging back from the 1980s (whatever year) truck in front of you, cause smoke from it was getting sucked into your ventilation.
You have a friend to confirm this. detailed description of the other truck. You have never been involved in an accident so you are not really familiar with having to remember the license plate and details. My truck is right outside for your inspection, sir. I drove through that smoke, not created it. I can show the officer what RPMs I 'd have to push before that kind of smoke would appear.(or whatever your truck does).
no hat, clean jeans, button front shirt. lot of eye contact and
very firm on what did or did not happen. shake head no, say no way! for question on your truck smoking. do not be polite at that point. THAT is where
you emphasize. no blame on the cop; my guess is he was too lazy to run down the road for something trivial, wrong didn't matter- sounds like city cop.
that is my experience of listening to folks who I have to decide how credible they are within thirty seconds. Figure the cop wouldn't write the ticket if the event did not happen. that's an honest view from me, hope that helps. Listen to Hondo, we hate hillary Clinton.........can she immigrate to California begle?
Would it make a difference whether the officer city, county, state, or whatever? Why?
Would it make a difference if the officer testifies he saw the smoke coming from the defendant’s truck and did not see any other vehicle smoking? Why?
Sorry to put you on the spot, but since you’re a judge, you may have had the opportunity to hear and/or rule on cases like this, and you can give us an idea of what to expect if we’re cited for these kinds of infractions.
01-28-2007 | 08:23 PM
#24
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Joined: Aug 2006
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From: Albuquerque, NM
Yep that is right, got a citation for "Excessive exhaust/smoke" last night. Cop was about a block and a half behind me when he turned on the lights, I pull over and wait for him. He gets me out of the truck, tells me to shut it off, and proceeds to tell me I am rude and discourteous to other drivers and, not to mention, polluting.
Best part, IT WASN'T ME!!
I was behind a guy at a stoplight, he takes off and lets it go. I guess because I am driving THROUGH it and my truck is a diesel, that means I HAD to have done it. I tried telling him but that went nowhere fast. All he would say is, "Well if you know this guy's name and address I will be more than happy to go give him a citation."
So here I am, waiting for Monday to call the court and setup a court date. I don't have any proof except a friend that was with me. I was told the cameras on the cars only come on when the lights are turned on, so he probably does not have anything that would either convict or exonerate me. Basically it comes down to my friend and I against his word.
If anyone has any advice I definately would appreciate it as I have never fought a ticket before, if it is my fault I am going to take the consequences but this time it was not me. Also, this is Texas FYI.
This is the second time I have been pulled over and ticketed, the first was in my Z71 for speeding. Another person was throwing out cups and trash at my truck. I passed them so they wouldn't and then they tried passing me back, I wasn't going to let them so we got up to a pretty high speed. The other vehicle was faster so he was passing me, I slow down and the cop pulls me over "because they always pull over the slower vehicle". I was still speeding so I took the ticket and called myself an idiot.
I guess my point is apparently it is better to be the guy in front if you are doing illegal things.
Best part, IT WASN'T ME!!
I was behind a guy at a stoplight, he takes off and lets it go. I guess because I am driving THROUGH it and my truck is a diesel, that means I HAD to have done it. I tried telling him but that went nowhere fast. All he would say is, "Well if you know this guy's name and address I will be more than happy to go give him a citation."
So here I am, waiting for Monday to call the court and setup a court date. I don't have any proof except a friend that was with me. I was told the cameras on the cars only come on when the lights are turned on, so he probably does not have anything that would either convict or exonerate me. Basically it comes down to my friend and I against his word.
If anyone has any advice I definately would appreciate it as I have never fought a ticket before, if it is my fault I am going to take the consequences but this time it was not me. Also, this is Texas FYI.
This is the second time I have been pulled over and ticketed, the first was in my Z71 for speeding. Another person was throwing out cups and trash at my truck. I passed them so they wouldn't and then they tried passing me back, I wasn't going to let them so we got up to a pretty high speed. The other vehicle was faster so he was passing me, I slow down and the cop pulls me over "because they always pull over the slower vehicle". I was still speeding so I took the ticket and called myself an idiot.
I guess my point is apparently it is better to be the guy in front if you are doing illegal things.
And the judge may take into account your driving record. If you're found guilty, you might want to try to get the sentence deferred so that it stays off your record.
Good luck.
01-28-2007 | 08:33 PM
#25
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From: Central "By God" Texas
(d) Except when travel conditions require the downshifting
or use of lower gears to maintain reasonable momentum, a person
commits an offense if the person operates, or as an owner knowingly
permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air
for 10 seconds or longer before fully dissipating.
(e) An offense under this section is a misdemeanor
punishable by a fine of not less than $1 and not more than $350 for
each violation. If a person has previously been convicted of an
offense under this section, an offense under this section is a
misdemeanor punishable by a fine of not less than $200 and not more
than $1,000 for each violation.
There it is from the Texas Penal Code. I guarantee he does not say anything about how long and how concentrated the smoke was. Also, the officer told me the next time I do it I will go to jail and they will take my truck......I don't see where it says that???
or use of lower gears to maintain reasonable momentum, a person
commits an offense if the person operates, or as an owner knowingly
permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air
for 10 seconds or longer before fully dissipating.
(e) An offense under this section is a misdemeanor
punishable by a fine of not less than $1 and not more than $350 for
each violation. If a person has previously been convicted of an
offense under this section, an offense under this section is a
misdemeanor punishable by a fine of not less than $200 and not more
than $1,000 for each violation.
There it is from the Texas Penal Code. I guarantee he does not say anything about how long and how concentrated the smoke was. Also, the officer told me the next time I do it I will go to jail and they will take my truck......I don't see where it says that???
01-28-2007 | 08:38 PM
#26
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From: Central "By God" Texas
Also, it was a city cop here in College Station. I was thinking, maybe pull back the plate and starwheel, and disconnect the afc boost line....similar to valet switch. That would take alot, if not all of the smoke away. Sure wish I could use the Smarty half power setting. 
01-28-2007 | 08:39 PM
#27
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Joined: Aug 2006
Posts: 1,007
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From: Albuquerque, NM
(d) Except when travel conditions require the downshifting
or use of lower gears to maintain reasonable momentum, a person
commits an offense if the person operates, or as an owner knowingly
permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air
for 10 seconds or longer before fully dissipating.
(e) An offense under this section is a misdemeanor
punishable by a fine of not less than $1 and not more than $350 for
each violation. If a person has previously been convicted of an
offense under this section, an offense under this section is a
misdemeanor punishable by a fine of not less than $200 and not more
than $1,000 for each violation.
There it is from the Texas Penal Code. I guarantee he does not say anything about how long and how concentrated the smoke was. Also, the officer told me the next time I do it I will go to jail and they will take my truck......I don't see where it says that???
or use of lower gears to maintain reasonable momentum, a person
commits an offense if the person operates, or as an owner knowingly
permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air
for 10 seconds or longer before fully dissipating.
(e) An offense under this section is a misdemeanor
punishable by a fine of not less than $1 and not more than $350 for
each violation. If a person has previously been convicted of an
offense under this section, an offense under this section is a
misdemeanor punishable by a fine of not less than $200 and not more
than $1,000 for each violation.
There it is from the Texas Penal Code. I guarantee he does not say anything about how long and how concentrated the smoke was. Also, the officer told me the next time I do it I will go to jail and they will take my truck......I don't see where it says that???
Remember, try to get the sentence deferred if you're found guilty. In the long run, it's just like a warning.
01-28-2007 | 08:44 PM
#29
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Joined: Jun 2006
Posts: 1,367
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From: Lake Charles,Louisiana
i don't know if anyone said this but here goes. i thought in Texas that if the cop didn't show up for court the ticket would be thrown out. i know 2 people that did this and their tickets got thrown out, 1 in Dallas and 1 in Houston.
it sucks cause you have to sit and wait, they are too busy to show up.
it sucks cause you have to sit and wait, they are too busy to show up.
01-28-2007 | 08:46 PM
#30
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Joined: Nov 2005
Posts: 1,971
Likes: 1
From: Land of milk and honey.
(d) Except when travel conditions require the downshifting
or use of lower gears to maintain reasonable momentum, a person
commits an offense if the person operates, or as an owner knowingly
permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air
for 10 seconds or longer before fully dissipating.
or use of lower gears to maintain reasonable momentum, a person
commits an offense if the person operates, or as an owner knowingly
permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air
for 10 seconds or longer before fully dissipating.
ok, good. youre doing the right thing (knowing the law) that the officer thinks you are breaking.
it was at an intersection right? you had to downshift, right?
(1) Did the officer use a stopwatch? (to tell if your 10 seconds were up?)
(2) "remains suspended in the air" was it windy? wouldn't smoke remain suspended in the air for a longer period of time if there was no wind? so what this law is saying is your truck can smoke more on windy days? was it dark? did he use his flashlight to check if the smoke was still there after his stopwatch hit the ten second mark?
sounds like a lot of loopholes.