Questions from drivers about VTL 375(31), No or Inadequate Muffler, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL 375(31), No or Inadequate Muffler.
I was pulled over while merging onto the parkway even though I was at the speed limit and not revving my engine. The officer gave me a ticket for an inadequate muffler. Should I repair it and plead not guilty, or just plead guilty and pay? I have seen amounts from $150 online to $500 or $1,000—what could the fine be?
How much time does an officer have to file a ticket? I was stopped on January 11, 2020, and received a ticket for a loud exhaust, with a court date of February 7. When I went to court, the clerk told me there was no ticket in the system and that this occasionally happens, so I thought it was over. More than a year later, on April 20, 2021, I got a license-suspension notice for failing to answer the ticket. The city court told me the officer did not enter it until March 11, 2020, nearly a month after the scheduled court date. They removed the suspension and updated the record to show that I appeared. I want to resolve the ticket, but shouldn't it be dismissed since it was filed so late?
Being filed three months after the ticket is issued is not, in and of itself, grounds for dismissal, but the wrong return date on the ticket might be a procedural defect that requires dismissal.
The court sent my ticket back after I fixed an inadequate muffler. I had the repair done on the next business day, and the mechanic completed the proof-of-correction form. I mailed that paperwork to the town court along with a not-guilty plea because I thought getting it repaired on time usually meant the ticket would be dismissed. Instead, the court returned it with a note saying that, since the muffler was inadequate when I was stopped, I need to plead guilty. Can the court tell me which plea to enter?
I assume you were given a roadside reduction, and the court staff does not want the charge dismissed after the repair. The statute is on your side. The court should not act as law enforcement, and the ticket must be dismissed if the qualifying equipment violation was corrected by the deadline and proper proof was provided. VTL § 376-a(4) requires dismissal of equipment tickets issued under VTL §§ 375, 376, or 381 when the problem is fixed no later than one-half hour after sunset on the first full business day following issuance of the summons, and proof of the repair is submitted to the court.
A few days ago, I received three tickets in Brooklyn related to window tint and an inadequate exhaust. When I try searching for them on the Traffic Violations Bureau website, it says the ticket numbers cannot be found. I called the DMV, and support told me to wait a few days, but that time has passed already. I know I have 15 days to answer the tickets, but I have read that they sometimes take more than 15 days to show up online. What should I do? None of the tickets list a fine. I live in Pennsylvania and have a Pennsylvania license. I also question the inadequate-exhaust ticket under 375(31)A because the officer never measured the sound level in decibels. He only said the exhaust was excessively loud, and I do not believe it is. Is this worth contesting?
It may take several weeks before the tickets appear in the system. You can mail in the Not Guilty plea. Not necessarily worth contesting violations that do not have points or appear on your driving record.
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The judge determines the fine. The maximum is $150, plus a $63 surcharge. Since it does not have points, it is probably not worth the hassle of disputing.