***Warning anyone driving through north OC today ( 16th ) ***
Thread Starter
Camel Lover Extrodinaire!
Joined: Sep 2005
Posts: 94
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From: Downtown Fullerton, CA
***Warning anyone driving through north OC today ( 16th ) ***
Warning to anyone driving in and around north orange county today...
On Malvern ave between Beach and Euclid st @ Dale st in Buena park there is a spot smog check station...
So if any of you for whatever reason have to drive around that area, avoid malvern (which turns into chapman) at all costs!
Especially if you have no cat's/engine modifications.
On Malvern ave between Beach and Euclid st @ Dale st in Buena park there is a spot smog check station...
So if any of you for whatever reason have to drive around that area, avoid malvern (which turns into chapman) at all costs!
Especially if you have no cat's/engine modifications.
Thread Starter
Camel Lover Extrodinaire!
Joined: Sep 2005
Posts: 94
Likes: 0
From: Downtown Fullerton, CA
No, it was right next to the turn in for my neighborhood so i went in a different way. I rode down on my bike to see what the hell was going on, and sure enough they had blocked one lane off and were pulling people in randomly, or not so randomly....
At least it keeps a CHP officer off the freeway..
At least it keeps a CHP officer off the freeway..
What is the legality of a cop pulling you over and putting your car on the smog dyno? I mean, can they do whatever the hell they want even if you have other stuff to do that day?
Also, is it MANDATORY?
Also, is it MANDATORY?
Last edited by ILoveFI; Oct 21, 2008 at 01:41 PM.
Granted I don't live in CA, but I don't see how forcing you to go on a smog dyno is legal. I'd be really interested to see what they charged someone who refused to do so with. I bet the best they could do would be obstructing, maybe public nuisance.
In the case of a DUI checkpoint, for example, you've already committed a criminal offense that allows them to arrest and tow. Driving a vehicle which doesn't meet smog requirements isn't even a misdemeanor, as far as I know.
In the case of a DUI checkpoint, for example, you've already committed a criminal offense that allows them to arrest and tow. Driving a vehicle which doesn't meet smog requirements isn't even a misdemeanor, as far as I know.
Last edited by GTConversion; Oct 21, 2008 at 04:19 PM.
you guys have to keep in mind that California has the strictest emissions laws in the COUNTRY.
similar to a DUI stop, you have committed an offense by being intoxicated and then getting in your car.
Here you have broken a federal emissions law (if you don't have your stock cat) and knowingly are driving around.
crude comparison but you get the idea.
I belive if you refuse, they can tow your car and have the inspection done at a state facility. (I'd have to look into that)
similar to a DUI stop, you have committed an offense by being intoxicated and then getting in your car.
Here you have broken a federal emissions law (if you don't have your stock cat) and knowingly are driving around.
crude comparison but you get the idea.
I belive if you refuse, they can tow your car and have the inspection done at a state facility. (I'd have to look into that)
Originally Posted by Jedi54
similar to a DUI stop, you have committed an offense by being intoxicated and then getting in your car.
Here you have broken a federal emissions law (if you don't have your stock cat) and knowingly are driving around.
Here you have broken a federal emissions law (if you don't have your stock cat) and knowingly are driving around.
I live in a county in CO that just revoked emissions requirements entirely. Don't even need to do an emission check.. ever.
Mmm mountain air..Then again, I have everything stock, including the cat.
Last edited by GTConversion; Oct 21, 2008 at 05:09 PM.
most of the cars they stop for these smog checks are modified cars that they believe might not pass emissions.
modified implies that the owner is aware that changes have been made to the vehicle.
That's their line of thinking, believe me: I do not agree with this bullship law but I can see what the lawmakers were thinking when they wrote it.
modified implies that the owner is aware that changes have been made to the vehicle.
That's their line of thinking, believe me: I do not agree with this bullship law but I can see what the lawmakers were thinking when they wrote it.
I wonder if you could use the analysis from this inspection provided you pass smog to renew your registration? This could be a blessing in disguise to those that want a free smog check, provide the car is still stock but looked modded.
DUI checkpoints aren't the same, and some state courts have ruled them an unconstitutional search and seizure. Some state courts have limited how, where, and when they can be implented. Here in SD county, the U-T had a story of one implemented in East County a few months back. A couple of arrests but by far what caught my eye was the fact it was used to nail people for all sorts of fix-it ticket violations.
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