Stupid Cops
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Veteran
Joined: Mar 2011
Posts: 263
Likes: 0
From: Texas
It is kinda a aftermarket the newer diesel have DPF systems but black smoke is just an Air/Fuel ratio where there is not enough air to burn of the fuel so it goes out the exhaust as blacksmoke
Last edited by (texas-ram)325HP; Jul 21, 2011 at 11:12 AM.
Legend
Joined: May 2005
Posts: 8,663
Likes: 8
From: Central Oklahoma
Now that I think about it, consider yourself lucky that you were merely ticketed. You're in Texas, where pretty much anything is punishable with the Death Penalty and the sentence is carried out quickly.
Champion
Joined: Apr 2007
Posts: 2,831
Likes: 1
From: Miami, Fl
^^^^^agreed only have to pay here if you settle for no points or something like that
I wouldnt fight it, just me, its a non-moving violation which means no points, so no affect to insurance or anything like that.
Its just easier to pay it IMO, but if you wanted to go to court it probrably wouldnt be hard to beat
I wouldnt fight it, just me, its a non-moving violation which means no points, so no affect to insurance or anything like that.
Its just easier to pay it IMO, but if you wanted to go to court it probrably wouldnt be hard to beat
Record Breaker
Joined: Feb 2009
Posts: 1,145
Likes: 0
From: Amarillo, Texas
The black smoke dissipates faster than you think. Ten seconds is quite a long time. My semi smoke dissipates in just a few seconds. But I live in Texas. The wind rarely gets below 15-20 mph where I live lol im sure the wind helps...
Administrator
Joined: Jul 2007
Posts: 24,686
Likes: 21
From: South Georgia/East Florida
I worked with the court system in my county for 12 years. Was on the technology end of live court recording so I've seen A LOT of these type of cases come before a judge.
First off, I'm sure there is a local ordinance regarding it if you were ticketed and since there is no physical evidence to measure how much smoke you spewed out, it's gonna be the old "his word against yours" case. Good luck with those!
If you fight it and win, meaning either you are found innocent, the case is dismissed or the judge sees fit to set aside a ruling (meaning you are not found guilty but the record remains on file - usually never to come up again, but if you commit the offense again, they re-open the first offense and nail you for both). In the first two cases, you owe no court costs as it's illegal to fine or charge someone found innocent with monetary loss. In the third case where a ruling is set aside, there is no cost, probably will never be, unless you go before the judge again for a similar crime and then they'll nail you court costs for the 1st offense as well.
IMO, pay the fine and be done with it. It's not a crime nor is it even a moving violation so there are no points on your license, you just pay it and move on...
First off, I'm sure there is a local ordinance regarding it if you were ticketed and since there is no physical evidence to measure how much smoke you spewed out, it's gonna be the old "his word against yours" case. Good luck with those!
If you fight it and win, meaning either you are found innocent, the case is dismissed or the judge sees fit to set aside a ruling (meaning you are not found guilty but the record remains on file - usually never to come up again, but if you commit the offense again, they re-open the first offense and nail you for both). In the first two cases, you owe no court costs as it's illegal to fine or charge someone found innocent with monetary loss. In the third case where a ruling is set aside, there is no cost, probably will never be, unless you go before the judge again for a similar crime and then they'll nail you court costs for the 1st offense as well.
IMO, pay the fine and be done with it. It's not a crime nor is it even a moving violation so there are no points on your license, you just pay it and move on...