Quote:
Originally Posted by JSALES
A member on the alive, thrive and survive fb group spoke to a lawyer and said you legally don’t have to rev your engine for the dB test. The officer needs a warrant to do that but at least you won’t get a ticket for unnecessary noise. The officer will still probably give you a VI for not complying if you decide to make that decision
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Just out of curiosity did they specify what kind of law that lawyer practiced?
Not saying this whole V.I. fiasco is right however...
From what I can read online, part of the process for testing the decibel level of an exhaust is to rev the car up to 50-70% of it's safe rpm range. So being directed to rev the vehicle to 3000 rpm seems reasonable.
If you fail to do as the officer directs in the course of his investigation/duties would that person not be arrestable for obstruction? Specifically subsection (a)??
Quote:
129 Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
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I suppose that you could refuse to comply. It's simply me playing devil's advocate.
As for a warrant? They probably wouldn't be very hard to get for the vehicle.
I guess "if" someone wanted to go down that road they could...
-arrest the driver for obstruction;
-seize the vehicle in question;
-hold the vehicle for an undetermined amount of time while the warrant is being obtained/completed/sworn;
-have the vehicle held for mechanical inspection;
-confirm that the vehicle exhaust exceeds the decibel level in the BC mva;
-forward charges of obstruction and write a ticket for the decibel level anyways.......
I wouldn't trust advice from a lawyer unless I'd have spoken to them myself.