Fought my very first smoke ticket in court today and took it to the trooper! case dismissed, no fine, no court costs, no nothing! :)

So what was your defense?

yes, more details please...:D

i was getting on north bound I75 from university. the cars in front of me were traveling slow. the truck went into OD and then they started to speed up. Everyone knows what happens....SMOKED like a train the whole way onto the interstate. Trooper pulled me over for "operating diesel vehicle with emission visible longer than 5 seconds". After researching the law book..he was correct...until the last line of the statute. It states, "except when accelerating, de-accelerating, and lugging". I was accelerating when he seen the smoke. It didnt take long for the judge to dismiss my case!!! :D

That is seriously what the law states? Those are about the only times the truck would make smoke...:pound::pound:

yay legal loopholes:hail::thumb:

i was getting on north bound I75 from university. the cars in front of me were traveling slow. the truck went into OD and then they started to speed up. Everyone knows what happens....SMOKED like a train the whole way onto the interstate. Trooper pulled me over for "operating diesel vehicle with emission visible longer than 5 seconds". After researching the law book..he was correct...until the last line of the statute. It states, "except when accelerating, de-accelerating, and lugging". I was accelerating when he seen the smoke. It didnt take long for the judge to dismiss my case!!! :D

Shut your mouth! I never knew that. Congrats to you for winning the case!

heres the statute...last section

316.2935 Air pollution control equipment; tampering prohibited; penalty.--

(1)(a) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 to offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in Florida that has been tampered with in violation of this section, as determined pursuant to subsection (7). Tampering is defined as the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle. All motor vehicles sold, reassigned, or traded to a licensed motor vehicle dealer are exempt from this paragraph.

(b) At the time of sale, lease, or transfer of title of a motor vehicle, the seller, lessor, or transferor shall certify in writing to the purchaser, lessee, or transferee that the air pollution control equipment of the motor vehicle has not been tampered with by the seller, lessor, or transferor or their agents, employees, or other representatives. A licensed motor vehicle dealer shall also visually observe those air pollution control devices listed by department rule pursuant to subsection (7), and certify that they are in place, and appear properly connected and undamaged. Such certification shall not be deemed or construed as a warranty that the pollution control devices of the subject vehicle are in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction.

(c) All motor vehicles sold, reassigned, or traded by a licensed motor vehicle dealer to a licensed motor vehicle dealer, all new motor vehicles subject to certification under s. 207, Clean Air Act, 42 U.S.C. s. 7541, and all lease agreements for 30 days or less are exempt from this subsection. Also exempt from this subsection are sales of motor vehicles for salvage purposes only.

(2) No person shall operate any gasoline-powered motor vehicle, except a motorcycle, moped, scooter, or an imported nonconforming motor vehicle which has received a one-time exemption from federal emission control requirements under 40 C.F.R. 85, subpart P, on the public roads and streets of this state which emits visible emissions from the exhaust pipe for more than a continuous period of 5 seconds, and no person shall operate on the public roads or streets of this state any motor vehicle that has been tampered with in violation of this section, as determined pursuant to subsection (7).

(3) No person shall operate on the public roads or streets of this state any diesel-powered motor vehicle which emits visible emissions from the exhaust pipe for more than a continuous period of 5 seconds, except during engine acceleration, engine lugging, or engine deceleration.

<-----This guy right here is speechless!!!

I'm putting that in the glovebox with my insurance card :cool:

I'm putting that in the glovebox with my insurance card :cool:

:pound::pound: Thats a good idea!:D