State Ref Q
So....about a month ago i was pulled over by good ol rossette, yet again! He gave me a state ref ticket for my intake (JWT popcharger) bc i didnt have my carb sticker with me at the time. So i took it to the state ref to get it checked. My intake passed all smog tests, but still they wrote tampered on the report bc the intake i have is legal for older model G's but not for the 06 07's so they told me it wasnt an approved device!!! I have to go to walk in court befor jan 27th 2010. Do you think i can convince the judge to dismiss the smog violation if i bring proof and pictures of my intake and the tests...... anybody have any experience dealing with the state ref in fremont court??
I swear i dont think ill even be driving my car around in fremont again. only if im going out of the city will i pull my G out lol
I swear i dont think ill even be driving my car around in fremont again. only if im going out of the city will i pull my G out lol
i could do that, i do have all my original parts i just dont have the time to do the reversal, that why i just want to fight the ticket itself, seeing as my current intake passes all smog standards i dont see why a judge would just dismiss the ticket..... u think they would?
Standby on that fine amount, too. Subsection (b) is what you get cited for, but take a look at (d).
27156. (a) No person shall operate or leave standing upon a highway
a motor vehicle that is a gross polluter, as defined in Section
39032.5 of the Health and Safety Code.
(b) No person shall operate or leave standing upon a highway a
motor vehicle that is required to be equipped with a motor vehicle
pollution control device under Part 5 (commencing with Section 43000)
of Division 26 of the Health and Safety Code or any other certified
motor vehicle pollution control device required by any other state
law or any rule or regulation adopted pursuant to that law, or
required to be equipped with a motor vehicle pollution control device
pursuant to the National Emission Standards Act (42 U.S.C. Secs.
7521 to 7550, inclusive) and the standards and regulations adopted
pursuant to that federal act, unless the motor vehicle is equipped
with the required motor vehicle pollution control device that is
correctly installed and in operating condition. No person shall
disconnect, modify, or alter any such required device.
(c) No person shall install, sell, offer for sale, or advertise
any device, apparatus, or mechanism intended for use with, or as a
part of, a required motor vehicle pollution control device or system
that alters or modifies the original design or performance of the
motor vehicle pollution control device or system.
(d) If the court finds that a person has willfully violated this
section, the court shall impose the maximum fine that may be imposed
in the case, and no part of the fine may be suspended.
(e) "Willfully," as used in this section, has the same meaning as
the meaning of that word prescribed in Section 7 of the Penal Code.
27156. (a) No person shall operate or leave standing upon a highway
a motor vehicle that is a gross polluter, as defined in Section
39032.5 of the Health and Safety Code.
(b) No person shall operate or leave standing upon a highway a
motor vehicle that is required to be equipped with a motor vehicle
pollution control device under Part 5 (commencing with Section 43000)
of Division 26 of the Health and Safety Code or any other certified
motor vehicle pollution control device required by any other state
law or any rule or regulation adopted pursuant to that law, or
required to be equipped with a motor vehicle pollution control device
pursuant to the National Emission Standards Act (42 U.S.C. Secs.
7521 to 7550, inclusive) and the standards and regulations adopted
pursuant to that federal act, unless the motor vehicle is equipped
with the required motor vehicle pollution control device that is
correctly installed and in operating condition. No person shall
disconnect, modify, or alter any such required device.
(c) No person shall install, sell, offer for sale, or advertise
any device, apparatus, or mechanism intended for use with, or as a
part of, a required motor vehicle pollution control device or system
that alters or modifies the original design or performance of the
motor vehicle pollution control device or system.
(d) If the court finds that a person has willfully violated this
section, the court shall impose the maximum fine that may be imposed
in the case, and no part of the fine may be suspended.
(e) "Willfully," as used in this section, has the same meaning as
the meaning of that word prescribed in Section 7 of the Penal Code.
I was in the same situation as you. Got written up for removal of factory emissions device and installation of an illegal one...even thought I had the CARB number on there.
Seems like the state ref screwed you over too. They told since the numbers don't match I'd fail the visual inspection, like you and they said I can either call JWT and get the appropriate CARB # or swap my intake for the OEM. I swapped for OEM, less hassle.
I suggest contacted JWT and seeing if they can work with you. There is an EO # for 02-08, but it's different than what you have (03-04) I'm assuming. You can probably have JWT send you the 02-08 one.
You don't want to deal with having to pay any part of the fine either. Mine, for some reason, was $890. For a freakin intake. And my buddy with a Vortech supercharger got a state ref and his was about 4 bills, makes no sense whatsoever. What's even worse is that when I went to pay for the $25 fee after passing, the lady at the courthouse told me I have to appear in front of a judge and show the paperwork because the officer wrote that it was non-correctable. She was a total b*tch, especially because I am a city employee and specifically stated I needed to call my supervisor to notify him I was running late for the meeting and her response was "you better not be calling anyone and cause problems."
Seems like the state ref screwed you over too. They told since the numbers don't match I'd fail the visual inspection, like you and they said I can either call JWT and get the appropriate CARB # or swap my intake for the OEM. I swapped for OEM, less hassle.
I suggest contacted JWT and seeing if they can work with you. There is an EO # for 02-08, but it's different than what you have (03-04) I'm assuming. You can probably have JWT send you the 02-08 one.
You don't want to deal with having to pay any part of the fine either. Mine, for some reason, was $890. For a freakin intake. And my buddy with a Vortech supercharger got a state ref and his was about 4 bills, makes no sense whatsoever. What's even worse is that when I went to pay for the $25 fee after passing, the lady at the courthouse told me I have to appear in front of a judge and show the paperwork because the officer wrote that it was non-correctable. She was a total b*tch, especially because I am a city employee and specifically stated I needed to call my supervisor to notify him I was running late for the meeting and her response was "you better not be calling anyone and cause problems."
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thechitoguy
G35 Sedan V35 2003-06
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Oct 1, 2015 05:25 PM




