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      08-08-2020, 09:58 PM   #1
ChrisWalks
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Got a ticket with M performance exhaust

Title says it all. I was driving down PCH in Laguna Beach. Had sport+ mode on, and a cop pulled me over for the car being too loud. I wasn't driving overly crazy since there was too much traffic to do so even if I wanted to. He had a mic to test the noise of my car and he told me it came out to 110 dBs at 3k RPM. I'm pretty sure he must have had the mic in my exhaust or something.

He also told me that cars sold with switches that open exhaust valves are illegal in California. I find it hard to believe the word of a cop who maybe has a couple of months of training over a company like BMW who have endless lawyers at their disposal. How can BMW sell a car with a sport+ switch in California if its illegal in California?

Seeing how it's possible to purchase an M2C with an M performance exhaust from the dealer, does anyone know if there is anything I can do to get out of this nonsense?
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      08-09-2020, 01:09 AM   #2
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What code infraction did he write you up for? Do you have to go to the state ref???
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      08-09-2020, 01:27 AM   #3
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VC27150(a) Adequate muffler required to be properly maintained. Bypass switch for louder exhaust.

He said it was a fix it ticket. I told him it was an OEM exhaust, so I'm not sure what he expects me to fix.
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      08-09-2020, 07:08 AM   #4
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      08-09-2020, 11:15 AM   #5
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Quote:
Originally Posted by ChrisWalks View Post
Title says it all. I was driving down PCH in Laguna Beach. Had sport+ mode on, and a cop pulled me over for the car being too loud. I wasn't driving overly crazy since there was too much traffic to do so even if I wanted to. He had a mic to test the noise of my car and he told me it came out to 110 dBs at 3k RPM. I'm pretty sure he must have had the mic in my exhaust or something.

He also told me that cars sold with switches that open exhaust valves are illegal in California. I find it hard to believe the word of a cop who maybe has a couple of months of training over a company like BMW who have endless lawyers at their disposal. How can BMW sell a car with a sport+ switch in California if its illegal in California?

Seeing how it's possible to purchase an M2C with an M performance exhaust from the dealer, does anyone know if there is anything I can do to get out of this nonsense?
OC and the neighboring cities have been having a hard on about exhausts on both cars and motorcycles around PCH.
I'd consult with a traffic lawyer to have it dismissed. It's a BS charge and they know it.
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      08-09-2020, 03:27 PM   #6
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Quote:
Originally Posted by ChrisWalks View Post
VC27150(a) Adequate muffler required to be properly maintained. Bypass switch for louder exhaust.

He said it was a fix it ticket. I told him it was an OEM exhaust, so I'm not sure what he expects me to fix.
Definitely got lucky you finding get sent to the state ref. That would have been PITA.

So just get it signed off.
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      08-10-2020, 01:52 PM   #7
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Protect and serve.
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      08-10-2020, 04:06 PM   #8
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      08-10-2020, 04:09 PM   #9
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Quote:
Originally Posted by Gusman1 View Post
Definitely got lucky you finding get sent to the state ref. That would have been PITA.

So just get it signed off.
With the valves closed pull the fuse and/or disconnect the solenoids wires on the exhaust and tuck them up out of the way.
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      08-10-2020, 06:06 PM   #10
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Quote:
Originally Posted by ChrisWalks View Post
VC27150(a) Adequate muffler required to be properly maintained. Bypass switch for louder exhaust.

He said it was a fix it ticket. I told him it was an OEM exhaust, so I'm not sure what he expects me to fix.
Doesn't the switch come with the warning that it's for track use only?
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      08-10-2020, 07:43 PM   #11
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Quote:
Originally Posted by KevM2 View Post
Doesn't the switch come with the warning that it's for track use only?
Iv'e never seen that. I would think if something like that exists it would be built into idrive. Similar to the warning that comes up telling you not to use idrive unless traffic conditions allow for it.

I did some more thinking, and research on how BMW is able to get the sports+ button approved in California.

California law:
Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

Bypass definition:
A secondary channel, pipe, or connection to allow a flow when the main one is closed or blocked.

All the exhaust valves do is open to let more sound out away from the muffler but there is nothing to block some of the sound from entering. Regardless the car is CARB 50 state certified, and a cop shouldn't be able to over rule that. I'll go to court and fight him.
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      08-10-2020, 07:47 PM   #12
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Could've sworn my remote has a yellow warning label attached to it... I'll look at it again when I pick it up from the dealer tomorrow
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      08-10-2020, 07:51 PM   #13
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Yeah I would just get a traffic lawyer, then you don’t even need to go to court. Zero doubt it in my mind it’ll get thrown out.

Figured it was in Laguna Beach too. I was out there a month ago and saw they had signs warning against “loud exhausts”. But you know, they were totally cool with Harleys which is probably the most obnoxious exhaust on the planet.

Edit: also for fun before I switched my exhaust I tested the stock exhaust. Granted I used an iPhone app but did it using the SAE method. Stock exhaust technically fails too. Of course, I can’t find the screenshot on my phone but it was over 100 dB.
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      08-10-2020, 08:49 PM   #14
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Quote:
Originally Posted by akkando View Post
Protect and serve.
Rookie shit head move for sure but don't hate the player hate the game. He was either doing as told or just bored. People in the Republic of California keep electing these morons who invent stupid laws in pursuit of $$$$

Not trying to harsh the OP but several things don't ad up here. I find it hard to believe this rookie cop knew anything of BMWs Performance Exhaust or sport modes. Did the OP offer up too much information? Why leave it in Sport+ and tach it up to 3K so he could get a measurement? Rule of thumb, deny everything and admit nothing (Politely that is )

Still, I can't see how this would ever hold up in court. The state would have to prove the OP modified the car. Surely California wouldn't allow BMW to import any car that violated state law. also sure a completely stock Ferrari would bust that threshold wide open at 3K RPM. Hell a Ford Mustang at idle would do it. Good luck OP, sounds like a B.S. pay to play ticket
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      08-10-2020, 08:57 PM   #15
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Quote:
Originally Posted by Killed by Death View Post
Rookie shit head move for sure but don't hate the player hate the game. He was either doing as told or just bored. People in the Republic of California keep electing these morons who invent stupid laws in pursuit of $$$$

Not trying to harsh the OP but several things don't ad up here. I find it hard to believe this rookie cop knew anything of BMWs Performance Exhaust or sport modes. Did the OP offer up too much information? Why leave it in Sport+ and tach it up to 3K so he could get a measurement? Rule of thumb, deny everything and admit nothing (Politely that is )

Still, I can't see how this would ever hold up in court. The state would have to prove the OP modified the car. Surely California wouldn't allow BMW to import any car that violated state law. also sure a completely stock Ferrari would bust that threshold wide open at 3K RPM. Hell a Ford Mustang at idle would do it. Good luck OP, sounds like a B.S. pay to play ticket
Trust me, a lot of us here don't understand why these people keep getting elected either.

And TBH, having lived in a few major metros, Socal really has the best car scene in the country. It's all very ironic. Guess they keep making laws and the people who knows just keep finding ways to circumvent them.
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      08-10-2020, 09:40 PM   #16
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Quote:
Originally Posted by Killed by Death View Post
Rookie shit head move for sure but don't hate the player hate the game. He was either doing as told or just bored. People in the Republic of California keep electing these morons who invent stupid laws in pursuit of $$$$

Not trying to harsh the OP but several things don't ad up here. I find it hard to believe this rookie cop knew anything of BMWs Performance Exhaust or sport modes. Did the OP offer up too much information? Why leave it in Sport+ and tach it up to 3K so he could get a measurement? Rule of thumb, deny everything and admit nothing (Politely that is )

Still, I can't see how this would ever hold up in court. The state would have to prove the OP modified the car. Surely California wouldn't allow BMW to import any car that violated state law. also sure a completely stock Ferrari would bust that threshold wide open at 3K RPM. Hell a Ford Mustang at idle would do it. Good luck OP, sounds like a B.S. pay to play ticket
So the full story is that when I realized I was being pulled over I decided to put the car back in efficient mode. When he came up to ask for license and registration, he told me that he pulled me over for my exhaust being too loud. He asked if my car had any kind of sport mode which made the car louder, and I foolishly said yes, it has a sport mode and I was driving in it (I figured he would give me a warning, and tell me to drive it in efficient and send me on my way). That's when he told me its illegal to drive it in sport mode or even have it in my car. Then he told me to put it back in sport+ and rev to 3k so he could take a measurement, and I once again complied. My thought process this whole time was just to do as he said so he could give me my warning. As you said there are a lot of stock cars out there that are above 95 dB limit, and I had no reason to believe my car was illegal since there is an "M Performance" logo on the muffler. He didn't even argue with me when I told him my car was stock, he just said I'm breaking the law and its my responsibility to know the law. When I asked how its possible that BMW can sell a car that is supposedly illegal in California, he said he wasn't sure and, suggested I should start a lawsuit if there isn't one already.

I've been pulled over before but never by a cop so unreasonable. In the past being polite and doing as they asked has always worked for me. This time it didn't. Rookie mistake I'm sure.
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      08-10-2020, 09:47 PM   #17
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Originally Posted by KevM2 View Post
Could've sworn my remote has a yellow warning label attached to it... I'll look at it again when I pick it up from the dealer tomorrow
I dont think the m2c MPE has a remote. It's controlled via the driving modes in the car.

That being said, it's fully licensed for use in the US. Sounds like a bs ticket that should be easier to beat.
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      08-11-2020, 12:07 AM   #18
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Quote:
Originally Posted by Killed by Death View Post
Quote:
Originally Posted by akkando View Post
Protect and serve.
Rookie shit head move for sure but don't hate the player hate the game. He was either doing as told or just bored. People in the Republic of California keep electing these morons who invent stupid laws in pursuit of $$$$

Not trying to harsh the OP but several things don't ad up here. I find it hard to believe this rookie cop knew anything of BMWs Performance Exhaust or sport modes. Did the OP offer up too much information? Why leave it in Sport+ and tach it up to 3K so he could get a measurement? Rule of thumb, deny everything and admit nothing (Politely that is )

Still, I can't see how this would ever hold up in court. The state would have to prove the OP modified the car. Surely California wouldn't allow BMW to import any car that violated state law. also sure a completely stock Ferrari would bust that threshold wide open at 3K RPM. Hell a Ford Mustang at idle would do it. Good luck OP, sounds like a B.S. pay to play ticket
I do hate the player. He didn't have to play. He could have done something more constructive with his time like pull over some douchebag weaving between traffic at over 100, and no one forced him to be a cop in the first place.
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      08-11-2020, 10:06 AM   #19
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Quote:
Originally Posted by akkando View Post
I do hate the player. He didn't have to play. He could have done something more constructive with his time like pull over some douchebag weaving between traffic at over 100, and no one forced him to be a cop in the first place.
I get what you are saying but unless you have been a cop you can't understand. However, it is America and this Officer wasn't forced into the job. If anything he is too gung-ho or was told to do this. Why would anyone want to ride around and write muffler tickets? No one I know that is for sure
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      08-11-2020, 10:14 AM   #20
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Quote:
Originally Posted by ChrisWalks View Post
So the full story is that when I realized I was being pulled over I decided to put the car back in efficient mode. When he came up to ask for license and registration, he told me that he pulled me over for my exhaust being too loud. He asked if my car had any kind of sport mode which made the car louder, and I foolishly said yes, it has a sport mode and I was driving in it (I figured he would give me a warning, and tell me to drive it in efficient and send me on my way). That's when he told me its illegal to drive it in sport mode or even have it in my car. Then he told me to put it back in sport+ and rev to 3k so he could take a measurement, and I once again complied. My thought process this whole time was just to do as he said so he could give me my warning. As you said there are a lot of stock cars out there that are above 95 dB limit, and I had no reason to believe my car was illegal since there is an "M Performance" logo on the muffler. He didn't even argue with me when I told him my car was stock, he just said I'm breaking the law and its my responsibility to know the law. When I asked how its possible that BMW can sell a car that is supposedly illegal in California, he said he wasn't sure and, suggested I should start a lawsuit if there isn't one already.

I've been pulled over before but never by a cop so unreasonable. In the past being polite and doing as they asked has always worked for me. This time it didn't. Rookie mistake I'm sure.
Unbelievable!!!!! Sorry dude! That's so wrong on so many levels I don't know where to begin
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      08-11-2020, 11:02 AM   #21
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Quote:
Originally Posted by ChrisWalks View Post
...he just said I'm breaking the law and its my responsibility to know the law.
I wholeheartedly believe there are better things he could be doing.

This type of thing is what gives ALL cops a bad name, fair or not.
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      08-11-2020, 11:15 AM   #22
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Quote:
Originally Posted by Killed by Death View Post
I get what you are saying but unless you have been a cop you can't understand. However, it is America and this Officer wasn't forced into the job. If anything he is too gung-ho or was told to do this. Why would anyone want to ride around and write muffler tickets? No one I know that is for sure
Not sure if you are familiar with the area, but honestly this is kind of what you expect in coastal OC.

Still the guy that took the cake for me was when I was pulled over for no front license plate. The problem? I was in BMW of Encinitas' loaner car. Was the only time I ever got into a loud verbal argument with an officer. Despite that giant "BMW OF ENCINITAS LOANER CAR" banner covering the rear window he thought the car belonged to me. The guy completely missed the banner. We spent almost 3 minutes arguing about who owned the car as if I would add that giant banner to my own car. I couldn't produce the registration because it wasn't my car, although later I found it in the trunk by the battery and tool kit. All this happened off the PCH in OC as well. No ticket in the end, but that is one I would have shown up to in court, with gusto.
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