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Old 12/06/09, 09:24 AM   #16 (permalink)
 
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Originally Posted by Zack View Post
I got pulled over the other night for foglights (bunch of bs), he was writing me a ticket then got a call. He ran to my truck, gave me my license and said, "Get the hell out of here!" He then left spinning and fishtailing everywhere (is that professional?). Now to the topic, I have 4 inch straigt turbo back exhaust on my duramax (it's not very loud, just sounds like a jet), he asked me right away if that was the factory exhaust, I said, "Yes sir, just added a tip." Anyway he went to the back and observed it and I guess he decided it was factory. Good luck Cisco, things like this are just APD having nothing better to do, oh and to generate some good income from it.
He just got the word that Krispy Kreme is reopening!
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Old 12/06/09, 10:52 AM   #17 (permalink)
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Really people get pulled over for this because the look of their tail pipe not the noise necessarily. If you have 3"+ can sticking out the back then most cops label you a "god dam street racer," and they will pull you over because.

I'm willing to bet you would have better luck not getting tickets with no muffler at all showing and the car being louder!

I think that's just how life is when you drive a supra though!It's not exactly low profile. Hope it gets dismissed.
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Old 12/06/09, 11:00 AM   #18 (permalink)
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That sucks man, I can't believe your luck with these fuckin exhaust tickets. I haven't been pulled over in my Camaro yet, and my exhaust is about 14" long.
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Old 12/06/09, 11:03 AM   #19 (permalink)
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Damn that does suck. Its not a TRD exhaust though I dont think its a titanium one IIRC. Doesnt matter either way cause your car isnt loud at all. Stupid shit
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Old 12/06/09, 11:10 AM   #20 (permalink)
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it looks like factory performance equipment
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Old 12/06/09, 11:24 AM   #21 (permalink)
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I see where the law came from. Its people complaining about noise because of people cruising Montgomery racing up and down. I was not driving fast or loud just normal so you would think the officer would be looking for somebody intentionally making noise.

I am unsure if any of you have ever read the nuisance statue I was cited under. It use to say that the first violation was subject to a fine, second was subject to a temporary boot of the vehicle, and third violation a seizure of the vehicle forever. So if you got 3 exhaust tickets you would lose your ride, sounds like pinks with none of the fun. I was reading the law and it been changed it still has some vague stuff about DWI now.


If you want a long read but all put together here it is. These are the exact laws. Look how the Vehicle nuisance ordinance (7-10-3) are super vague and tie in a bunch of unrelated shit.



7-10-1 SHORT TITLE.

This article will be known and may be cited as the "Vehicle Nuisance Ordinance."

(Ord. 42-2002)
7-10-2 FINDINGS AND INTENT.

(A) The City Council finds that there is a significant risk to the health and safety of the community caused by drivers who abuse their privilege to operate vehicles on the public streets and thoroughfares of Albuquerque by engaging in racing, drag racing, exhibition driving, road rage taunting and other activities as defined and prohibited by this Article. The City Council finds that the problems addressed by this Article are matters of unique local concern which are not being adequately deterred by general statewide laws, in part, because monetary penalties alone do not deter nuisance drivers. The temporary seizure or forfeiture of the vehicle of a nuisance driver are appropriate remedial measures that will provide safer streets in the City of Albuquerque.

(B) The Council further finds that the vehicles of nuisance drivers cause considerable property damage, bodily harm and loss of life in the City of Albuquerque. The danger, noise, fear and distraction produced and caused by nuisance drivers leads to immeasurable harm to the community. The noise and distraction generated by nuisance vehicles interferes with drivers' ability to detect and respond to dangerous or emergency driving conditions and circumstances including but not limited to horn noise and the siren noise of official emergency vehicles. The purpose of this Article is to abate the nuisance caused by the use of vehicles by irresponsible drivers by employing progressive sanctions including temporary loss or permanent forfeiture of the vehicle.

(Ord. 42-2002)
7-10-3 VEHICLE NUISANCE - SPECIFIC VIOLATIONS.

A vehicle is hereby declared a nuisance subject to the penalty provisions of this Article if it is operated by a person or persons engaged in any of the following enumerated acts:

(A) Drag Racing and Other Competitive Racing. It shall be unlawful for any person or persons to engage or participate in a drag race or race for speed within the city limits unless otherwise excepted herein. For purposes of this section, a drag race or competitive race for speed shall be and the terms shall mean any situation or circumstance where two or more persons operate vehicles in such a manner as to cause such vehicles to be side by side on the roadway, or one slightly ahead of the other, and either from a stopped position or while moving, to accelerate such vehicles rapidly with the intent to race or otherwise out gain the other. The provisions of this section shall not apply to authorized or licensed race courses, or other areas which are specifically set aside and supervised by the police department for police training. In any prosecution for a violation of this section, intent may be shown from the surrounding circumstances, from admissions from the violators, from the observations of a law enforcement officer or in any other manner in which intent may be proven in any civil or criminal action under New Mexico law.

(B) Exhibition Driving. It shall be unlawful for any person to engage in exhibition driving of any vehicle within the city limits. For purposes of this section, exhibition driving shall be and the term shall mean driving a vehicle in such a manner that it creates or causes unnecessary or excessive engine noise, tire squeal, skid or slide upon acceleration, braking or stopping or by operating a vehicle in a manner that willfully creates excessive engine noise by revving the engine. Exhibition driving shall also mean driving a vehicle in a manner that causes the vehicle to unnecessarily turn abruptly or sway and driving and executing or attempting one or a series of unnecessarily abrupt turns. Exhibition driving shall also mean carrying passengers on a part of the structure of the vehicle not designed for that purpose including but not limited to the hood. In any prosecution for a violation of this section, intent may be shown from the surrounding circumstances, from admissions from the violators, from the observations of a law enforcement officer or in any other manner in which intent may be proven in any civil or criminal action under New Mexico law.

(C) Using a Vehicle as an Instrument of Threat or Intimidation - Road Rage. It shall be unlawful for any person or persons to use a vehicle as an instrument of threat or intimidation in the city limits. For purposes of this section, use of a vehicle as an instrument of threat or intimidation, or so-called road rage driving, shall be and the terms shall mean driving a vehicle dangerously or conspicuously close to or behind or near another vehicle or suddenly stopping or accelerating and rapidly switching lanes or positions on the roadway with the intent to taunt or retaliate against another driver for any reason. The use of one or more vehicles to willfully prevent another vehicle from lawfully passing shall also be a violation of this section. In any prosecution for a violation of this section, intent may be shown from the surrounding circumstances, from admissions from the violators, from the observations of a law enforcement officer or in any other manner in which intent may be proven in any civil or criminal action under New Mexico law.

(D) Excessively Loud Electronic Sound or Music. It shall be unlawful for any person or persons to play or produce excessively loud sound or music in any vehicle operated on any public street in the city limits. For purposes of this section, excessively loud electronic sound or music shall be and the terms shall mean the use of any machine or device for reproducing sound including any magnifying sound instrument used in the production or replication of music, spoken words or other sounds and designed to enlarge the volume of any instrument, voice or other sound including but not limited to radios, stereos or so called "boom boxes." It shall be a violation of this section if any such sound is plainly audible twenty-five feet from the subject vehicle.

(E) Modification of Exhaust Systems. It shall be a violation of this section for any person to operate any vehicle in the city limits with a modified exhaust system. A modified exhaust system shall mean any change or alteration to the exhaust system found on the vehicle when it was originally manufactured when such change results in noise that exceeds the noise the vehicle made when manufactured. Any violation of ROA 1994 8-6-13 or 9-9-9(A) through (D) shall also be a violation of this paragraph.

(Ord. 42-2002; Am. Ord. 21-2009) Penalty, see 7-10-99

8-6-13 MUFFLERS REQUIRED.

(A) Operating Muffler. It shall be unlawful for any person to operate a motor vehicle if such vehicle is not equipped with a properly attached, operating muffler in good working order of construction sufficient to prevent excessive or unusual noise of the motor or to muffle or deaden the sound from the motor.

(B) Muffler Changes or Modification. No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the motor vehicle as originally manufactured. Such prohibited changes or modifications shall include but not be limited to the use of cut-outs, by-passes, illegal mufflers defined in division (C) below, or other similar devices.

(C) Dealers and the like. No person shall sell, offer for sale, install or offer to install any illegal muffler, exhaust cut-out, by-pass, or other device which increases or tends to increase the exhaust noise of a motor vehicle. For the purposes of this section, an illegal muffler is defined as any straight-through muffler which does not contain baffles, including but not limited to glass packs, steel packs, and straight pipes.

('74 Code, 9-5-20.14) (Ord. 65-1974)
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Old 12/06/09, 11:24 AM   #22 (permalink)
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9-9-9 MOTOR VEHICLES.

(A) No person shall operate or allow to be operated within the city, at any speed including idle, either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following sound level limits when measured 25 feet from the center of the vehicle path:

Sound Level Limit

Type of Vehicle


Time Period


Maximum dB

Any motor vehicle with a manufacturer's GVW rating of 10,000 lbs. or more, and any combination of vehicles towed by such motor vehicle on roadways classified as:

- minor arterials and collectors in residential areas by the MRGCOGLRMSP:

- principal arterials and collectors in office/commercial and industrial areas by the MRGCOGLRMSP:


daytime

nighttime

all times


88 dB

80 dB

88 dB

Any motor vehicle with a GVW rating under 10,000 lbs. or more except motorcycles


all times


80 dB

The requirements in 9-9-9(A) apply to the total sound from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this article relating to motor vehicle mufflers for noise control.

(B) Motorcycles. No person shall operate a motorcycle: which exceeds 99 dB, measured in accordance with SAE stationary test method J1287 or similar Department-approved method.

(C) No person shall operate a motor vehicle having a manufacturer's gross vehicle rating of less than 6,000 lb., except a motorcycle, which exceeds 95 dB measured 20 in. (508 mm) from the exhaust outlet. The measured exhaust system sound level of a stationary vehicle shall be the highest reading obtained during the test, disregarding unrelated peaks due to extraneous ambient noise. When there is more than one exhaust outlet, the reported sound level shall be for the loudest outlet. When there is more than one exhaust outlet extending from a single muffler, separated by less than 12 in. (305 mm), measurements shall not be made on the outlet furthest from the side of the vehicle.

(D) No person shall operate a motor vehicle having a manufacturer's gross vehicle weight rating of at least 6,000 lb. which exceeds 93 dB, measured 25 ft. (7.6m) from the side of the vehicle. The sound level meter shall be observed during the full cycle of engine acceleration-deceleration, and the measured sound level reading shall be the highest value obtained during this cycle, excluding unrelated peaks due to extraneous ambient noise. When there is more than one outlet, the sound level for each side of the vehicle shall be measured, and the reported sound level shall be the average of the two highest readings within 1 dB of each other on the louder side.

(E) Except when necessary to provide a warning signal, no person shall, within any 7-day period, cause or allow the sounding of any security alarm on or in any vehicle owned, leased or otherwise held by that person:

(1) on more than 2 occasions; or

(2) during more than 5 consecutive minutes.

(F) All motor vehicles shall have a ninety-day grace period from the date of publication of this ordinance to comply with the vehicle noise emission regulations herein.

('74 Code, 6-22-12) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 26-2002)

7-10-99 PENALTY.

(A) First Offense. A person who violates any provision of this Article the first time shall be subject to the penalty provisions of 1-1-99 ROA 1994.

1-1-99 GENERAL PENALTY.

Any person who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $500 or by imprisonment not exceeding 90 days or both unless a different specific penalty is provided. Each separate violation shall constitute a separate offense and, upon conviction, each day of violation shall constitute a separate offense.

Statutory reference:
Penalty for misdemeanor, see Section 3-17-1, NMSA 1978

(B) Second Offense. A second offense is a second violation of any one of the above listed specific violations in any four year period of time. For a second offense, the violator shall be subject to the penalty provisions of 1-1-99 ROA 1994. In addition, the vehicle of the violator shall be subject to the temporary seizure penalty below.

(1) Temporary Seizure. For a second offense, the vehicle the offender was driving at the time of the offense will be temporarily seized by the City by placement of an immobilization device ("Boot") on the vehicle by the Albuquerque Police Department ("APD"). The Boot shall remain on the vehicle for thirty days. APD will remove the Boot forthwith within a reasonable time not to exceed five days after the thirty days has expired.

(2) Storage. The boot will be placed on the vehicle at a storage location chosen by APD or at the violator's residence or other legal location chosen by the violator. If the violator chooses to place the vehicle at any location other than a storage site selected by APD, the violator shall agree to hold the City harmless from any property damage or other liability incurred during the time of seizure, storage and transportation to storage. If the violator chooses to place the vehicle at any location other than a storage site selected by APD, the violator or owner shall not be responsible for storage fees.

(3) Notice of Seizure. Prior to booting the vehicle, APD will deliver a Notice of Seizure to the violator. A Notice of Seizure will not be required if the vehicle is seized pursuant to an arrest of the driver or seized pursuant to a search under a warrant.

(4) Notice to Registered Owner. APD will immediately mail by ordinary mail a Notice of Seizure to the registered owner if the registered owner is a person different than the violator according to the records of the New Mexico Motor Vehicle Division ("MVD").

(5) Contents of Notice. The Notice of Seizure shall contain the following information:

-The license plate number;

-Make, type and color of the seized vehicle;

-Location of storage;

-The reason for seizure including the violated section of this Article;

-The name and phone number of a city employee who can provide other information;

-A statement that daily storage charges and a towing charge will be assessed;

-The address of the hearing officer and notice that any person has the right to contest the propriety of the seizure by requesting a hearing in writing within ten days from the date the Notice of Seizure was mailed or delivered.

(6) No Return. The vehicle seized will not be subject to replevin or other civil proceeding for return of the vehicle.

(7) Hearing. If the violator or owner seeks to challenge the seizure, the violator or owner must within ten consecutive calendar days from the date the Notice of Seizure was mailed or delivered request in writing a hearing to be conducted by the City Hearing Officer, as defined by the Independent Office of Hearings Ordinance ( 2-7-8-1 et seq. ROA 1994). The hearing shall be scheduled within 20 consecutive days of the receipt of the request. The hearing is an informal hearing and not bound by the technical rules of evidence. The hearing officer will determine only whether APD had probable cause to seize the vehicle under this Article.

If the hearing officer finds that APD did not have probable cause to seize the vehicle or that the vehicle should otherwise be released, the hearing officer shall issue an Order of Release which shall be delivered to the owner or violator. Upon receipt of any such Order of Release by APD, APD shall release the vehicle to the owner or violator and storage fees shall be waived.

Prior to release of the vehicle at the expiration of 30 days or otherwise, the owner or violator or their agent must pay all reasonable costs of towing and storage of the vehicle including a charge of eight dollars per day for the Boot or appropriate storage. The vehicle shall not be released until all charges are paid and written proof of insurance of the vehicle is provided to APD. The City shall not be responsible to any third person who incurs any damages by an uninsured vehicle inadvertently released by APD. The vehicle shall not be released if an inspection reveals that the vehicle is in violation of any section of this Article. If the vehicle is in violation of 7-10-3(E) above pertaining to modification of an exhaust system or improper removal of pollution controls, the owner or violator shall have fifteen days from the release date to repair the condition. Failure to repair the violation of 7-10-3(E) within fifteen days of the release date is a separate violation of this Article.

(C) Third or Subsequent Offense. A third or subsequent offense is a third or greater violation of any one of the above listed specific violations in any four year period of time. For a third or subsequent offense, the violator shall be subject to the penalty provisions of 1-1-99 ROA 1994. In addition, the vehicle of the violator shall be subject to forfeiture provisions of 7-6-1 et seq., ROA 1994.

(Ord. 42-2002; Am. Ord. 31-2007; Am. Ord. 11-2008)


Here is the link if you want to see it on your own.

http://www.amlegal.com/nxt/gateway.dll/New%20Mexico/albuqwin/cityofalbuquerquenewmexicocode ofordinanc?f=templates$fn=defa ult.htm$3.0$vid=amlegal:albuqu erque_nm_mc
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Old 12/06/09, 12:25 PM   #23 (permalink)
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That sucks man. I been to court for that shit like 4 or 5 times and all of them have been dismissed. Good luck
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Old 12/06/09, 12:26 PM   #24 (permalink)
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Well it sounds to me as if APD constantly drag races and has exhibition driving going on all the time!!!! That is according to the wording in the law.
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Old 12/06/09, 01:12 PM   #25 (permalink)
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Sorry to hear it Cisco. Sucks Ass for sure. Especially with all the Harleys out there. It is BS, plain and simple.
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Old 12/06/09, 01:53 PM   #26 (permalink)
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I'm calling BS on exhaust tickets as a whole. My exhaust might be louder than his car at almost any RPM (especially 2,000rpm) but I've never been bothered about it. I'll bet it's because his Supra has a big 4" can hanging out the back and so "it must be modified" - mine dumps under the car where you can't see it. I've even got cutouts in the bumper where the exhaust is supposed to exit advertising my modified exhaust - maybe the cops don't know any better or maybe they do, but it's BS regardless.

Any don't even get me started about Harley's. SOUTH PARK Season 13: "The F Word" hits the nail on the head...

http://www.southparkstudios.com/clips/254813
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Old 12/06/09, 02:21 PM   #27 (permalink)
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I had a cop follow me down Eubank from Monty to academy on Friday. I tought for sure I was getting an exhaust ticket in the Supra but no luck. He went on his was as I turned onto Academy.
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Old 12/06/09, 02:43 PM   #28 (permalink)
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Put your stock exhaust and get a cut out, it sucks but seems the only way for you to stop getting these.
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Old 12/06/09, 03:02 PM   #29 (permalink)
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Never been pulled over for an exhaust ticket... even when I run around open header. It's an import thing... has to be. APD gives noise tickets to import motorcycles but I havent heard anything about Harleys or Choppers other than the downtown ordinance.
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Old 12/06/09, 03:48 PM   #30 (permalink)
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The law is definitely targeted at a specific type of car. I remember one night driving next to Chris and I believe he has his exhaust open header and a cop got behind us and pulled me over. Its easy to know which car was making which sound. A open header V8 and a 6 cylinder turbo car have very distinct sounds.

If they want to make noise laws then they really should have clear cut laws. The decibel meter test would be a perfect example. They have laws written but they don't have meters to measure decibels so those laws are really written for no reason. Leaving loud up to an officers discretion is stupid plain and simple. Ive heard cars with loud power steering pumps, cars with of road tires that whine like hell at 40 mph. Make clear laws and enforce them equally.

Like I said I am tired of fighting these tickets. That is the reason when I go and hang out I do as little driving as possible. Last night we ate and I was going to drive up Montgomery then on Tram way then down Paseo to get home. A little drive but not cruising up and down because I know how the cops that patrol obviously have nothing better to do than stop people for BS. I really want to respect APD because I know its a had job and dangerous but I just cant. If they see you they will follow you until they can find any reason to stop you and cite you. I know officers don't go into the academy with the intentions of turning into worthless ATM machines for the city but that is what happens.

If I became an officer I would never take part in any kind of BS like this. I know on a Saturday night there are probably 1 out of 4 people driving while intoxicated. You could drive around for 30 minutes and probably find some kids racing up and down Montgomery. If you patrolled a residential neighborhood you might get lucky and catch one of the many low lives that break into cars over night. These seem more important than a car driving down the road that is louder than a Camry. If I was driving around revving or at high rpm I could understand but I was driving normal.
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