|
In Reply to: Re: Good post....the question is what (m) posted by jim on March 16, 2001 at 21:54:11:
the bad news is that in some states, like California, county/city regulations which are additions to or even directly contravene the state's uniform vehicle code are enforceable by local law enforcement so long as the state courts have not ruled against it at the state level.
so technically, if some city council wants to pass a stupid measure or regulation stating all vehicles can't have anything but white headlights, or hang fuzzy dice on your rear view mirror, you don't have much choice except to hope the local judge is lenient and understands that you are not the target the regulation intended to curb.
the fuzzy dice is a good example - California vehicle code does not directly say you can't hang objects off your rear view mirror, just that nothing should be placed that either impedes your vision or driving ability. however, there are a number of local counties/cities that have passed regulations forbidding the display of anything that could be "gang related", so the local police cites anyone within a very broad set of powers of what they think comes under that local statute.
in your case, if the city you were in did indeed pass local measures against kids or whomever modifying their vehicles, then you should be competely safe and even a hardcase judge will not be able to make the case stick because the sticking point will be "modification". so long as you can reasonable prove your vechicle was factory stock, the case would have to be dismissed.
however, like the fuzzy dice example, if the local measure was a more broad or interpretive regulation, then "modification" may not be the only restriction. if the local statute is that car headlights should not be anything but true white light, then technically, everyone that owns blue tinged zenons would be in violation. these broader measures are usually struck down in state courts when challenged though, which is why most local vehicle regulations that restrict something or another is based on the modification usage.
I kindof wish he had. There are laws that make semse, such as requiring that taillights be red on ALL cars, but the enforcement of laws requires that the officers use some common sense. The M5 headlights are NOT the types which triggered these laws yet this clown couldn't differentiate. Had he cited me, I would have picked up my cell phone and activated my attorney.
...would you do if he cited you?
It's simply amazing.
Alex
© 1997 -
2009
Jump Internet Inc. All rights reserved.
