MM: I specialize in traffic tickets and DMV defense. I have been doing this for more than 17 years, exclusively in the San Diego area. For the record I'd like to say the issue in this case is discretion. Let's go over some simple rules. Rule number one: If you get pulled over by a cop and you have a bad attitude, you're asking for trouble. Never lose your temper when stopped by a cop. Even though this man can't convict you, he can drag you into court. From there you have to hire an attorney, and even if you're found not guilty, you'll be spending a large portion of your time and money. In the end he will have the upper-hand advantage in the situation. So no matter how much of an asshole he is to you, keep your cool and keep your center. Rule number two: Don't give the cop a lot of information, and make sure he has probable cause to search your vehicle.
2NR: Does law enforcement have a right to pop your hood?
MM: If the cop believes the engine sounds different or appears to have aftermarket equipment, that is a violation of the vehicle code. This justifies him searching the car. In the past 10 years, the Supreme Court has constantly given greater latitude to law enforcement officers. Many citizens believe they lack vehicle privacy, especially when compared to a home. Now let's move on to rule number three. Imagine the cop stopped you for going one mile over the speed limit on the freeway. Any vehicle going 66 mph is subject to a stop and ticket. A lot of times, if it's a close call on an equipment violation versus a moving violation, you might want to consider taking the equipment violation. The moving violation might be worse. If you tell the cop, "You searched my car, and you searched it illegally," the cop might say, "I can't write this ticket so I'll just fine you for speeding." Tickets state you have to go to a smog referee station, but you also have a right to go to trial. If you decide to go to trial and get acquitted, there's an issue over whether or not you ever had to go to a smog station at all. I believe a court can order you to change parts out of your vehicle-but hell, you can get a moving violation every single day for the rest of your life. So in regard to section codes such as 27150, the judge can fine you, but I don't believe he can order you to remove the products out of the vehicle. Let's say you get a $300 or $500 ticket but it will take over $10,000 to change the car back to be compliant. It doesn't take a brain surgeon to figure out what to do. As an officer of the courts, I must follow all the laws, but you can read between the lines.
2NR: How important are lawyers when receiving a citation?
MM: Lawyers are very important. A lot of individuals are emotionally tied to vehicles. These aren't just cars you take to work; they are works of art people invest time and money into. It's difficult to think clearly when you're in an emotional situation, so my advice would be to get someone to fight this from a neutral corner. I like my client, but I'm not emotionally tied to the vehicle. That makes the biggest difference in a case. If you have a cop that's harassing you six or seven times, you're not going to be too happy and you will be emotional. Remember when you fight, you have to be centered.
2NR: When a vehicle is towed away or cited, can the department also pursue the shops that performed the modifications?
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