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unbelieveable shit..mitsu evo gets fined for having FACTORY SPOILER

Discussion in 'General Discussion' started by slvr2000fdvspec, Oct 16, 2004.

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    PsyVash Guest

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    But look at what you are comparing though. Even IF he did act like a dick in court, the IRREFUTABLE fact is that it is a factory spoiler. There is no IF, ANDS, OR BUTS about it. So, even if I told the judge that he and the cop were assholes. He can find me in contempt, but he CANNOT find me guilty. The vehicle meets all U.S. specifications and therefore has been approved.

    What you are basically saying is that it doesn't matter whether the PLAIN FACTS prove your innocence. If you are a dick, then the judge should and will find you guilty.
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    PsyVash Guest

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    Let me rephrase this a little.<br />
    <br />
    &quot;But that isn't what I'm saying. Yes I do understand that your actions in court can determine what sentence the judge sees fit, but it SHOULD NOT in ANY way determine whether you are guilty or not. Unless of course your character is on trial. In the case of this fellow and his spoiler, it is not, therefore it shouldn't make a difference.
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    CadetLee Guest

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    That is assault.

    Assault is the threat or use of force..

    Battery is nonconsentual bodily contact resulting in injury.

    Example -- if someone says "Leave before I hit you", and they're physically able to inflict harm upon the other person, that's assault. It is battery if the individual is actually struck/injured.
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    e_andree E

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    But thats the entire issue right now.....whether or not the wing itself is hindering rear vision, thus not meeting US specs.

    Like I said earlier, dont be surprised if the height of the wing is lowered on future models.
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    CPat New Member

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    Ok, first off, let me explain the comment about attitude....

    In NH, EVERYTHING is illegal, from changing out lense colors, lowering ride heigh, exhaust, no front plate, improperly mounted front plate, tint, hyperwhite lenses, EVERYTHING.

    A few years ago, when Altezzas began being stock on the Lexus, people were buying them from APC and installing them on the cars up there, and BOOM, getting busted left and right. The box itself SAID "DMV approved in 50 states" and yet no one told this to NH's DMV, cause they kept on writing people up for altered lighting on a vehicle. Well, ok, so one guy started working on the DMV, meanwhile my friend got busted by a cop with his altezzas. He was pretty arrogant and acted annoyed to the cop, and therefor the cop didn't do anything to cut him any slack. He sent my friend into court, and my friend wound up going to APC, getting a letter that states they are 50 state legal, and then getting APC to pay all monetary damages. It was a lot of hassle put forward because the kids attitude wasn't right and the cop felt like giving him a hard time.

    ON THE SAME NOTE....
    I was driving my rolla to work before I moved from NH. I had no visible front plate, and altered exhaust, all clear lenses, and noise pollution. I treated the cop with a little respect and we talked about everything a little while, and I got off with a warning that if I get caught again that I would be given a DE tag (Defective Equipment and you gotta put your stuff back to stock and get it seen by a cop who signs off on the tag). I knew those things were illegal, but I really didn't care cause I thought that riding custom was more important....but because I didn't get an attitude with the cop, he let me go with a warning.

    What I'm basically saying is you get more flies with honey than vinegar.

    As far as the issue itself regarding the wing, all that kid needs to do is go to Mitsubishi and let them know what's going on. Obviously they aren't illegal if EVERYONE isn't getting pulled over and fined regarding the wing, so maybe Mitsubishi would pay the fine or put their lawyers in the courtroom for the kid. If he gets a letter from Mitsubishi though, that's going to hold up a lot more than just some photos. He also needs to check state statutes for his area, and do some research.

    But it basically goes back to the first point of that kid getting caught. No one on here knows what went down, why he got pulled over (WHY did he get pulled over in the first place???), what was said, how everyone acted, or anything....every single person on here (including myself) has no idea what happened, so we all really can't speculate on WHY he's getting screwed by the system.
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    e_andree E

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    Thing is that Ive been reading in TONS of places how people are getting pulled over for that wing....this isnt the first time.
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    e_andree E

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    Different jurisdictions have different laws in regards to assault though.

    Police have to witness the threat.
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    PsyVash Guest

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    But this isn't the question. Yes I do understand that if you're an ass to the cop he is most likely gonna give you a ticket. And yes, I do understand that being an ass in court could give you a heftier sentence <b>IF</b> you are found guilty. But, having a certain attitude in court should <b>IN NO WAY</b> determine your guilt or innocence unless your character is in question.<br />
    <br />
    Now, I'm not saying that this kid was being an ass or not. But, some people on here used the &quot;well maybe he was an ass to the judge&quot; excuse as a reason he was found guilty and my response is that <b>IF HIS SPOILER IS LEGAL</b> an excuse like that is <b>ABSOLUTELY UNNACCPETABLE</b> for <b>THIS TYPE OF CASE</b>.
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    Deathsight Guest

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    I dunno, I think the EVO looks real nice with that spoiler, I dont think it would look good without it.
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    e_andree E

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    Even if the kid was an angel in court, saying his yes sirs and his no sirs, and the spoiler was higher than local laws, the judge can issue him a ticket. And expect the kid to appeal it and take it to a higher court.

    Honestly, I dont see the point in that big ass spoiler anyways.....it looks stupid, and I cant see how it DOESNT hinder vision. But heh, thats a different argument, lol.
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    ucyiwork Guest

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    Really doesn't matter though cause like everything modded to a car, It is personal taste. Bottom line is ass in court should not = huilty or innocent anymore than angel in cout does.

    If it is in violation of local ordinace, he will lose and HE SHOULD appeal to a higher court on the basis of Federal precedent.
    Most cops do profile which is illegal, but it is in their experience to do this and it goes unchallenged and will continue to do so until someone brings MASSIVE attention to it.

    Some cops don't profile, and go after people that are actually doing something significant. Yeah if you are a cop, you could find something to write a ticket on every 10 minutes if you wanted to. But there is something called discretion that should be excercised and the non-threat tax paying public should be left alone if they are not creating a danger to themselves or the public. Not harrassed because in the end, the tuner movement will not simply be done away with because of a few tickets.
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    gotarheels03 New Member

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    Ive heard of a few MKIV guys over on the supra boards being ticketed for their stock wings as well. I think its crap, but honestly it wouldnt be a problem if it werent for the popularity of huge aftermarket wings that draw wings to cops attention.

    I see tons of chicks here a school with a TON of crap hanging from the rearview mirror. Couldnt they technically get a ticket for that because it "impairs forward vision"? what you are ticketed for it mostly up to the cops discretion, and if you're not doing anything wrong, the chances of he/she pulling you over JUST because of a stock spoiler are very slim. Sure some cops are going to be total asses about things, but most cops are good guys, and if you treat them with respect, they will treat you accordingly (at least in my experiences)
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    PsyVash Guest

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    But it should work the other way around as well shouldn't it? If he's and ass in court and says his "F yous" and "F offs" and the spoiler met local laws, the judge CAN'T issue him a guilty sentence (of course he'll hold you in contempt but that isn't the point I'm trying to make.)

    Why can't anyone understand what I'm trying to say here.

    Your attitude in court in this type of case should have ZERO affect on whether you are guilty or not. So don't use that as a POSSIBLE reason why he was found guilty. If that was the case, the judge needs to be put under review. Yes your actions may determine what kind of sentence you recieve but it isn't used to determine your guilt UNLESS your character is in question.
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    e_andree E

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    And youre missing my point. You keep on saying in this kind of case, his attitude would have nothing to do with the verdict. But the wing most likely broke the local laws....which would make his attitude a factor in whether or not the judge was lenient or not. But that was speculation by someone about his attitude, and it probably wasnt a factor in this situation anyways.
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    Speed_Racer Guest

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    ok the point is being missed here. The car does meet US specs or it couldn't be sold in the US. That's why several cars have a europe and us version (focus for example)

    US specs does supercede local laws as long as the car is as it came from the manufacturer.

    Some little township could have a law outlawing any wings on cars. If you have an aftermarket wing installed you could be ticketed. If you by a car from a dealership that comes with a spoiler, you should not be ticketed. Even if it's a large wing, because that wing passed the US specs for being able to be produced and sold in the US.

    If local laws superceded us specs, then every manufacturer would have to produce 20,000 plus versions of every single model to meet each local law. Is that how it is, no of course not.

    Say I move to a town that outlaws any wheel over 18" in diameter, I have a stock plymoth prowler with 19" and 20" rims ( i think that's the stock size for them), Guess what my car is not illegal in this town, but someone with a honda civic that comes from the factory with 14 or 15's but is running 19's, his car is illegal.

    A car that meets US Specs means that it can be sold anywhere in the USA. It does not mean that it can be sold anywhere in the US with the exception of BFE Idaho because they have a wing height limit in that town.

    See how that works...

    This kids issue will get worked out on appeal for the same reason. If he appeals it, which he would be stupid not to. If I were him I would file some lawsuits as well for the trouble and hassle.
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    e_andree E

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    The point hasnt been missed though.....in no way have we been saying that the verdict was right.

    But when youre dealing with local laws and a situation that is in the grey area/unknown, the local court will rule to the local level laws. Of course he should appeal it.
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    XS PSI New Member

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    I don't understand this blocking rearward vision shit. If I was towing a trailer wouldn't that be blocking rearward vision? Trucks with a cab have no rear window so should they should be ticketted also? In the state of florida your allowed to tint your rear window as dark and possible but the driver and passenger front windows have to be tinted to a certain darkness. So if I tinted my rear window black I would get a ticket?

    Cops on the road have have there discretion but in a court of law they have to go by facts. The kid probably just went in there saying it came on the car and didn't provide any proof showing this. Therefore its the cops word vs the kids word...who would judge trust more?

    edit: I read more of the post and it does say that he did bring in the factory sticker showing that it was a oem part so he had a really asshole judge. I would fight the crap out of it. Best thing for him would be to get a lawyer.

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