cvc 27156(b) consequences

[mulcibre]

A friend of mine is trying to deal with this ticket he got.

1. section you were cited for
cvc 27156(b) modified emissions
2. city where you were cited
Menlo Park
3. your vehicle info (not required, but helps alot)
2007 subaru STi with modified body, large tipped catless exhaust. Obviously modified turbo system.
4. what the OFFICER TOLD YOU
You have a modified exhaust, pops the hood, sees engine modifications, "you will be getting a ticket for modifications. If I see you driving this car tomorrow, or in the future, I will arrest you and impound the car for failure to comply with a peace officer"
5. what you TOLD THE OFFICER
Polite, complied with everything asked. No extra commentary.
6. a brief description of the location (ie...lights, what type of intersection, what type of street, etc.....)
Straight road, following speed limit, driving normally to work

The question is, can the car actually be impounded if my friend continues to drive the car to work and back home? Presuming he follows all other laws. He doesn't intend to fight it, but is concerned of the short term consequences, as he has no other cars, and needs to get to work. Thanks!

 

[5MARY4]

Yes it can be impounded if he fails o comply with the Officers order. After being cited for 27156(b) VC, the vehicle must be driven directly to one of the following places: Home, a repair facility, Inspection facility.

There may be a sticker affixed to the back of the cite which explains this. We place them on all 27156(b) cites.

 

[afm199]

He's fine unless he gets stopped again

 

[silversvs]

A friend of mine is trying to deal with this ticket he got.

1. section you were cited for
cvc 27156(b) modified emissions
2. city where you were cited
Menlo Park
3. your vehicle info (not required, but helps alot)
2007 subaru STi with modified body, large tipped catless exhaust. Obviously modified turbo system.
4. what the OFFICER TOLD YOU
You have a modified exhaust, pops the hood, sees engine modifications, "you will be getting a ticket for modifications. If I see you driving this car tomorrow, or in the future, I will arrest you and impound the car for failure to comply with a peace officer"
5. what you TOLD THE OFFICER
Polite, complied with everything asked. No extra commentary.
6. a brief description of the location (ie...lights, what type of intersection, what type of street, etc.....)
Straight road, following speed limit, driving normally to work

The question is, can the car actually be impounded if my friend continues to drive the car to work and back home? Presuming he follows all other laws. He doesn't intend to fight it, but is concerned of the short term consequences, as he has no other cars, and needs to get to work. Thanks!

Check out 24004 VC:

24004. No person shall operate any vehicle or combination of
vehicles after notice by a peace officer, as defined in Section 830.1
or subdivision (a) of Section 830.2 of the Penal Code, that the
vehicle is in an unsafe condition or is not equipped as required by
this code, except as may be necessary to return the vehicle or
combination of vehicles to the residence or place of business of the
owner or driver or to a garage, until the vehicle and its equipment
have been made to conform with the requirements of this code.

If your friend gets stopped again, his mechanical ("fix it ticket") violation becomes a moving violation.

Check out 2800(b) VC: which is a misdemeanor

2800. (a) It is unlawful to willfully fail or refuse to comply with
a lawful order, signal, or direction of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, when that peace officer is in uniform and is
performing duties pursuant to any of the provisions of this code, or
to refuse to submit to a lawful inspection pursuant to this code.
(b) Except as authorized pursuant to Section 24004, it is unlawful
to fail or refuse to comply with a lawful out-of-service order
issued by an authorized employee of the Department of the California
Highway Patrol or by a uniformed peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, when that peace officer or authorized employee is performing
duties pursuant to any provision of this code and the out-of-service
order complies with Section 395.13 or 396.9 of Title 49 of the Code
of Federal Regulations.

So, simply continuing to drive the vehcile can become a moving violation, can become a misdemeanor violation, and yes it can result in a vehicle tow and impound.

Much better idea to simply repair the vehicle.

 

[mulcibre]

Yes it can be impounded if he fails o comply with the Officers order. After being cited for 27156(b) VC, the vehicle must be driven directly to one of the following places: Home, a repair facility, Inspection facility.

There may be a sticker affixed to the back of the cite which explains this. We place them on all 27156(b) cites.

Thanks for the heads-up. I will alert him not to drive his car tomorrow, as the officer sounded like he would be waiting for him.

Thanks for the advice!

 

[mulcibre]

Check out 24004 VC:

24004. No person shall operate any vehicle or combination of
vehicles after notice by a peace officer, as defined in Section 830.1
or subdivision (a) of Section 830.2 of the Penal Code, that the
vehicle is in an unsafe condition or is not equipped as required by
this code, except as may be necessary to return the vehicle or
combination of vehicles to the residence or place of business of the
owner or driver or to a garage, until the vehicle and its equipment
have been made to conform with the requirements of this code.

If your friend gets stopped again, his mechanical ("fix it ticket") violation becomes a moving violation.

Check out 2800(b) VC: which is a misdemeanor

2800. (a) It is unlawful to willfully fail or refuse to comply with
a lawful order, signal, or direction of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, when that peace officer is in uniform and is
performing duties pursuant to any of the provisions of this code, or
to refuse to submit to a lawful inspection pursuant to this code.
(b) Except as authorized pursuant to Section 24004, it is unlawful
to fail or refuse to comply with a lawful out-of-service order
issued by an authorized employee of the Department of the California
Highway Patrol or by a uniformed peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, when that peace officer or authorized employee is performing
duties pursuant to any provision of this code and the out-of-service
order complies with Section 395.13 or 396.9 of Title 49 of the Code
of Federal Regulations.

So, simply continuing to drive the vehcile can become a moving violation, can become a misdemeanor violation, and yes it can result in a vehicle tow and impound.

Much better idea to simply repair the vehicle.

that's exactly what I needed to know, thanks!