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> Intake BS, illegality
post Dec 19, 2002 - 2:52 AM
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Blur



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Got a ticket today for speeding and then i was asked to pop the hood for the cop who promptly told me that i my intake was illegal and i'd have to meet with a smog ref about the intake the mods on my car. I have the weapon r intake which i presumed was perfectly legal (i'm in CA) however after going to my local shop and talking to the owner i found out that this bulls_hit isnt legal....kinda pissed cuz now i have to go and buy a stock intake and then take my car into DMV and get it inspected. So for future reference for everybody in Cali, don't buy the weapon r cuz it aint legal! So what intake can i get now that IS legal for use in CA?
post Dec 19, 2002 - 3:12 AM
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isn't it only the exhaust that they test for smog?? I wouldn't think that your intake we have anything to do how polluting your exhaust is. As long as you have a good filter on it. And if you filter is crappy then go get yourself a K&N cone filter. Oh, and one more thing. Are you going to keep your weapon R intake? Cause I would be up for trading.
post Dec 19, 2002 - 3:13 AM
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damn dude...it looks like you just had bad luck all around...
note to self....stay out of cali
post Dec 19, 2002 - 11:23 AM
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QUOTE (Blur @ Dec 19 2002, 01:52 AM)
Got a ticket today for speeding and then i was asked to pop the hood for the cop who promptly told me that i my intake was illegal and i'd have to meet with a smog ref about the intake the mods on my car. I have the weapon r intake which i presumed was perfectly legal (i'm in CA) however after going to my local shop and talking to the owner i found out that this bulls_hit isnt legal....kinda pissed cuz now i have to go and buy a stock intake and then take my car into DMV and get it inspected. So for future reference for everybody in Cali, don't buy the weapon r cuz it aint legal! So what intake can i get now that IS legal for use in CA?

if you need a stock intake, i have one i'll get you for hella cheap man...lemme know if you need some help...as for aftermarket...i doubt ANY are "legal"..what you could do is put in the stock box, but remove the lower half of it...or soemthin like that..so that it appears legit, and um...drop a k&n filter in it...but PM me or somethin if you need the stock box...i got the full thing, upper and lower portion...
-John-


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post Dec 19, 2002 - 4:51 PM
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I don't see how it is illegal confused.gif
It doesn't cause any harm. It still has all the sensors in it.

I confused confused.gif


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post Dec 19, 2002 - 6:02 PM
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macavely



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i belive that it's illegal because it's an aftermarket part. a lot of aftemarket parts are illegal at least where i'm form (NJ).


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post Dec 20, 2002 - 12:43 AM
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hey, this always happened to me, well got pulled over, teh chp told me to pop the hood, i told him i couldnt do that, and he asked me why and i said i rather not, they cant do nothing about it, if they start writing you up, go to the chp station and ask for a copy of the tape when they pull you over, they someitmes sue it agaisnt you in court for a loud exhaust , they did this on ym salt car, but if he starets writing you up cause you didnt want to, thake him to court, he only pulled you for one reason, jsut ask him what did i do wrong and be nice about, serisouly afterwards he was real cool about, they have nor ight to make you do that, my friends dad is a chp and i ask him about all my modifactions
post Dec 20, 2002 - 1:03 AM
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QUOTE (freestyler121 @ Dec 19 2002, 10:43 PM)
hey, this always happened to me, well got pulled over, teh chp told me to pop the hood, i told him i couldnt do that, and he asked me why and i said i rather not, they cant do nothing about it, if they start writing you up, go to the chp station and ask for a copy of the tape when they pull you over, they someitmes sue it agaisnt you in court for a loud exhaust , they did this on ym salt car, but if he starets writing you up cause you didnt want to, thake him to court, he only pulled you for one reason, jsut ask him what did i do wrong and be nice about, serisouly afterwards he was real cool about, they have nor ight to make you do that, my friends dad is a chp and i ask him about all my modifactions

yup, you are absolutely right. your car is considered property so cops can't search without a warrant or your consent. simply tell them you know your rights, and they will usually back off. learned that one after I almost got arrested... heh wink.gif
post Dec 21, 2002 - 2:26 PM
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Guys, I know the law is different everywhere you go and all (and that's the main point of this), but here in Australia police have the right to look under your hood, its not considered personal space (what else would you have in there but a properly working engine LOL).

You can pull anyone over here for RBT/random breath testing and you dont have to give the driver a reason, hence the word random... Once you're pulled over police can 'inspect the vehicle' for defects. A loud exhaust for example... The exhaust goes all the way to your engine right?!!! If the cop wants to see it, he can see it. Your trunk? Yeah sure, he wants to see your spare is roadworthy! What you don't have one cos of that big arse sub in the back and the custom enclosure? Oh my thats a defect!

Don't get fooled into thinking cops can't do certain things cos there aint that much they can't do if they think real hard (which granted they don't always do).

Think about noise in regards to your intake, if they suspect that your intake is too loud (remeber this may be covered by Environment Protection Laws aswell, these laws aren't just related to exhaust emissions) they can have a look or just find a ticket for your trouble, 'change lanes without indicating sound nice? Where! Back there a bit, took me a while to catch up to you Sir...'

Anyway I just suggest you all find out what is and what aint legal for your appropriate state, I would find out your home state deal and stick to that if you car is registered in that state and compliant in that state and you get pinched elsewhere then you'd be able to get away with it unless its a serious safety issue.

All I can say is after market intakes are legal down here as long as they aint over 95db at about 200rpm below redline. And cops can look under ya hood if they want. I'd check it out before you push that one on a secluded highway tongue.gif

Good Luck...
post Dec 25, 2004 - 5:02 AM
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bring this post back from the dead.

anyone build a custom intake and get trouble from those smog stations in californa?

i know if you want your intake to be legal it must have a carb sticker.
post Dec 25, 2004 - 12:30 PM
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97sccelica



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QUOTE(Hanyo @ Dec 25, 2004 - 2:02 AM)
bring this post back from the dead.

anyone build a custom intake and get trouble from those smog stations in californa?

i know if you want your intake to be legal it must have a carb sticker.
[right][snapback]226317[/snapback][/right]



just keep the stock parts to go back to stock when you need to


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post Dec 25, 2004 - 12:36 PM
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any mods are illegal in VA but if you want your intake to pass in VA it has to suck air from outside the car aka short ram = illegal
post Dec 25, 2004 - 1:19 PM
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next time, tell them that u wont pop you hood. you have a rights and the cops cant search any part of your car unless they see illegal activity inside of it. the worst thing they can do is bring out a drug sniffing dog to sniff around your car. other then that, they cant search anything without your ok.


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post Dec 25, 2004 - 1:46 PM
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That's pretty ghey. Cops love power. Some at least. But yeah. They can't search the car.
Trust me I've listened to Jay Z.
"Son do you know why I'm stoppin you for?"
"Do you mind if I look around the car a lil bit?"
"Well my glove compartment is locked, and so is the trunk in the back and I know my rights and you gonna need a warrant for dat."
He can't legally search your ****. But he'll see how smart you are when the K-9 comes.


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post Dec 25, 2004 - 2:29 PM
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cops can search if they have reasonable doubt. If you tell them they cant search your car, they now have reasonable doubt....

its all about how you word it. Just tell them that they need a warrant to search the car and leave it at that.
post Dec 25, 2004 - 2:36 PM
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QUOTE(wind @ Dec 25, 2004 - 7:29 PM)
cops can search if they have reasonable doubt. If you tell them they cant search your car, they now have reasonable doubt....
[right][snapback]226413[/snapback][/right]


I'm sorry, but thats incorrect.

Cops can NOT use the excuse that you denied them a search of your car to search the car, it's on the books as such.
post Dec 25, 2004 - 2:50 PM
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im in florida, we dont even have inspections... if your car goes vrooom, u get a ticket
post Dec 25, 2004 - 3:05 PM
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I got it easy i guess. Im in the Army so my car is legally registered in NC and i live in MO for now. But i have always had an out of state registration for the past 8 years, legally. I dont have to get emissions, or saftey inspections. And its legal. Also i cant get messed with cops here for anything on my car. well they can tell me its illegal here, but they cant ticket me for tinted windows or anything, because the car is registered out of state..


JOIN THE ARMY.....hehe
post Dec 25, 2004 - 4:56 PM
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No cop gets a look under my hood or in the trunk, they need a warrent to surch you car, and if they ask me to pop my hood or truck I'll say just that, even though I dont really have anything anyway, its just to prevent them from stupid things. I'm sure my intake and exhauts are iligal but i cant imagine why, if you think about it motercycles are so much louder then my car could ever been but there ok, why is a loud car not.

99 problems thing:
I for one would love to see the cute little doggies try and sniff out my intake.

This post has been edited by creis: Dec 25, 2004 - 4:59 PM


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post Dec 25, 2004 - 5:13 PM
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AEM and K&N are the only ones that i know of that will pass in cali

weapon r doesnt make them...

just buy a AEM and keep the stickers go get them copied and return the intake back hahah...that what my friend did..but cops dont bug him
post Dec 25, 2004 - 5:16 PM
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yeah german shepards are cute little doggies until they claw up the side of your celica because they think you have drugs. then they're just pieces of **** . they're ugly dogs anyway.


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post Dec 25, 2004 - 8:15 PM
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If you commit a crime in front of an officer, including a moving violation you lose your right to search and seizure.
post Dec 25, 2004 - 9:59 PM
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QUOTE(Snarfer @ Dec 26, 2004 - 1:15 AM)
If you commit a crime in front of an officer, including a moving violation you lose your right to search and seizure.
[right][snapback]226484[/snapback][/right]


You mean you lose your right to deny a search, because you were speeding? I'm sorry. but wrong again.

Geez, where do you guys get this information?
post Dec 25, 2004 - 10:06 PM
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Injen is Cali safe. And if you send them a proof-of-purchase, they will send you a CARB #. Performance and legality, nice.

-Ti
post Dec 25, 2004 - 10:18 PM
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QUOTE
lose your right to search and seizure.

yep that is wrong.

Just because you get pulled over does not make you guilty, you dont lose your right to say no.

However in some cases it probibly better to let them snoop around a bit, if you have nothing to hide then dont hide.


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post Dec 25, 2004 - 11:34 PM
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http://www.arb.ca.gov/msprog/aftermkt/replace.htm

Air Cleaner
Most emission controlled vehicles will have an air cleaner that is a closed element type or thermostatically controlled. A replacement air cleaner must meet the same specifications as the original and connect to any emissions equipment that was attached to the original equipment air cleaner. Any replacement air cleaner elements may be used as long as they meet original factory specifications. Any air cleaner that does not meet the original factory specifications requires an Executive Order to be legal for street use.



basically if it isnt a drop-in filter it isnt legal without proper certification.


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post Dec 26, 2004 - 12:01 AM
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sapperk



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not true, any cop can search your vehicle in any state, for propable cause. I ve been in school for 2 year, criminal justice. If they pull u over for anything, and ask to search your vehicle, and you say no, then legally that is probable cause. Means you might be hiding something. Its legal. So if you try to tell him to get a warrant you are jsut making things alot worse.
post Dec 26, 2004 - 12:03 AM
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sapperk



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Sorry Shid, I agree with you on most everything you say, but, i cant agree with you on this. Look up your laws and amendments if you really want to know the truth. Sorry..
post Dec 26, 2004 - 12:09 AM
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sapperk



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http://www.georgiadefenders.com/searchseizure.when.htm

http://criminal-law.freeadvice.com/arrests...ar_speeding.htm

Basically, the cop can say, you looked nervous. You tried to avoid the question. The biggest thing that happened to me was, me and my friends were driving and a cop was behind us. The cop noticed me duck down, just ****ing around. He pulled us over and said i was hiding something under the seat. Thats probable cause to search our car. Do you wanna take the chance and go to court. If the cop tells the judge that u were suspicious, hell win.

When i get pulled over, about 3 times in the past 4 years, thats it. The cop asked me more questions, about the car, cause they liked it, and were into cars. Just cooperate and most of the time they leave you alone.

This post has been edited by sapperk: Dec 26, 2004 - 12:23 AM
post Dec 26, 2004 - 1:54 AM
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QUOTE(sapperk @ Dec 26, 2004 - 5:01 AM)
not true, any cop can search your vehicle in any state, for propable cause.  I ve been in school for 2 year, criminal justice. If they pull u over for anything, and ask to search your vehicle, and you say no, then legally that is probable cause.  Means you might be hiding something.  Its legal. So if you try to tell him to get a warrant you are jsut making things alot worse.
[right][snapback]226541[/snapback][/right]


It's been proven in court. Since I'm not in school, I can't quote the name of the case, but denying the right to a search is not probably cause, nor is speeding. Speeding over 100, weaving, etc etc; should be enough. Going 75 and denying the officer a search is not- do you know how many speeding tickets a year are thrown out because of illegal searches?

Nor is there anything in the links you provided that says otherwise.

It's best to say no to any search- it's your right. Not ONLY is it your right, but a cop violating that right is a one way get out of jail free card. He violates that right of yours, and any tickets he issues you at that stop are thrown out. "ducking below the seat" actually should be enough for probably cause. Saying: "No officer, I'm in kinda a hurry (as you might know from pulling me over for speeding, sorry), and I'd appreciate it if we could get this over in done with" or a simple "no" would both suffice, nor give him probable cause for a search.

Bottom line, warrents aren't given out free; probable cause has to be enough to support a warrent.

This post has been edited by shid: Dec 26, 2004 - 2:03 AM
post Dec 26, 2004 - 2:12 AM
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The best thing you can do in that situation is say, "Do I have the right to say no, you cant look though my car" then they have to tell you the truth of course and if they lie there screwed and your free, if they tell you the truth then you go from there.

My resoning is that they would not have to ask you if you did not have a choice, They have to ask you befor they look, if they dont its iligal, if you had no choice then they would not have to ask to search.

<note: I dont have the exact anser, Its just what I have come to beleve, and every state is differant>

Side Note: there is a police station right down the street from me, maybe I'll stop in and get a real anser, if I do I'll be sure to post it.

This post has been edited by creis: Dec 26, 2004 - 2:14 AM


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post Dec 26, 2004 - 9:11 AM
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sapperk



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the legal answer is. You do not need a search warrent. Just propable cause to search a vehicle. Probable cause it pretty much a very thin line. There are no exact definitions of probable causes. Just examples. Its all between the cop and the judge.,
post Dec 26, 2004 - 11:10 AM
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QUOTE(sapperk @ Dec 26, 2004 - 2:11 PM)
the legal answer is. You do not need a search warrent. Just propable cause to search a vehicle. Probable cause it pretty much a very thin line. There are no exact definitions of probable causes. Just examples. Its all between the cop and the judge.,
[right][snapback]226596[/snapback][/right]


Yes it is (between the cop and the judge) but it can't be that thin, because it has to stand up to a judge, and a lawyer on your side that this probable cause WOULD BE ENOUGH for a search warren if he were to call in and ask for one. When it comes down to it, if he wants to do a search and you say no, he then has to PROVE in court beyond a resonable doubt that he had probable cause to search your vehicle. he has to do that before he can prove you were speeding, etc. If someone searches your vehicle after you tell them no, get a lawyer; because you'll win (most likely.. unless there's mushrooms on the ground)

Futhermore, you can't get a ticket, you can't get in trouble for refusing a search. There's nothing you need to prove to the judge. It's not like the cop can then write you a ticket for "refusing a search." If you do have nothing to hide, it's a win win situation.
post Dec 26, 2004 - 1:27 PM
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QUOTE(sapperk @ Dec 26, 2004 - 12:01 AM)
not true, any cop can search your vehicle in any state, for propable cause.  I ve been in school for 2 year, criminal justice. If they pull u over for anything, and ask to search your vehicle, and you say no, then legally that is probable cause.  Means you might be hiding something.  Its legal. So if you try to tell him to get a warrant you are jsut making things alot worse.
[right][snapback]226541[/snapback][/right]



I didn't think you were correct with this statement so I called up my Dad (police officer of 17 years) and asked him about it. Sure enough, saying no to a search is NOT probable cause.

-Josh
post Dec 26, 2004 - 1:30 PM
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Bottom line, if you say no and he still searches your vehicle (which they'll probably do) just say: "Thats fine officer, but I'm going to need you to write down your badge number, and I'd also like to talk to the supervising officer of the watch."
post Dec 26, 2004 - 3:46 PM
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Remember there are 2 different kinds of searches. If you pulled over for speeding the cop can visually search your car. Which means shine his light in and see if he sees anything to denote furthur probable cause. He needs a warrent however to get into your car and poke around.
post Dec 26, 2004 - 4:15 PM
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Alright. alright. Yes just saying NO is not probable cause, but it makes you suspicious. The biggest thing is, how many cops are gonna pull you over, and know whats illegal, and whats not when it comes to aftermarket parts. And why would a cop look into your enigine anyway? unless maybe you live in CA or NYC and he just stop you in a race.

post Dec 27, 2004 - 12:13 AM
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Well crap I was wrong, I looked it up and apparently the law does validate search incident to arrest, and in certain cases search incident to citation, the supreme court ruled on a case we're talking about right now saying:

"Once (the driver) was stopped for speeding and issued a citation, all the evidence necessary to prosecute that offense had been obtained. No further evidence of excessive speed was going to be found either on the person of the offender or in the passenger compartment of the car."

Although a cop if he finds you suspicious or whatever can follow you until you with intent to search and wait for you to make a traffic violation so he can get in a poke around. So esentially the cop can make your day real crappy frown.gif
post Dec 27, 2004 - 1:03 AM
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damn the above sux, i hate when poeple have to much power eg cops


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post Dec 27, 2004 - 6:54 AM
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if you look up cases, there are so many. some where the cop got away and alot actually where the people got off. Most of the time when the cop did find something illegal like drugs they won. There was one case wheere the cop pulled over and searched just because the guy swayed once. he claimed he was under the influence and search. thats easy for a cop to say to anyone and get away with it.
post Dec 30, 2004 - 4:53 PM
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in england the cops dont give a fcuk wot u got,if it goes vroom between 7-7 in the morning they can stop and fine you for desturbtion,the insurers take modding badly,they give you a kik in the jewels if you mod and dont tell,here,a cop wont search your car but any dikin around and he'll fine you,bent cops,catch me if you can,vvvvvrrrrrroooooooooommmmmmmm!!!!!!!!!!!!!!!!!!!!!!!!
post Dec 30, 2004 - 7:42 PM
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QUOTE(D4W5 @ Dec 30, 2004 - 2:53 PM)
in england the cops dont give a fcuk wot u got,if it goes vroom between 7-7 in the morning they can stop and fine you for desturbtion,the insurers take modding badly,they give you a kik in the jewels if you mod and dont tell,here,a cop wont search your car but any dikin around and he'll fine you,bent cops,catch me if you can,vvvvvrrrrrroooooooooommmmmmmm!!!!!!!!!!!!!!!!!!!!!!!!
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^^
hey im starting to like this guy.... hes like comical relief during a seriouse discussion biggrin.gif
post Dec 31, 2004 - 6:38 AM
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D4W5

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i just dont see what the deal is,drivin in the us is totaly diff to uk,i thought us had much leniant rules,you guys beat us on fuel though,im payin 79 pence per litre

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