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Unnecessary acceleration ticket

Abuccanero

Member
Sep 18, 2020
19
65
Wisconsin
I got an unnecessary acceleration ticket in my model 3 AWD. After reading the statute this obviously is not true. This is basically a noise violation ticket (see below). I can easily argue that I did not create loud noise that would disturb the peace. I also know I cannot spin my tires but I am struggling to find proof of traction control and how well it works.

does anyone have info on how traction control works to show that I could not have spun my tires.



“(6) ACCELERATING VEHICLES. No driver of any motor vehicle shall cause by excessive and unnecessary acceleration, the tires of such vehicle to spin and emit loud noises or throw stone or gravel, nor shall such driver cause to be made by excessive and unnecessary acceleration any loud noise such as would disturb the public peace.”
 

willow_hiller

Active Member
Apr 3, 2019
3,288
17,111
Maryland
If you've got dashcam footage, a lack of dust/smoke/gravel would probably prove to a judge that your tires didn't spin excessively. Without rapidly spinning tires, it's hard for an EV to disturb the peace much.
 
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jmaddr

Active Member
Mar 29, 2019
1,044
1,055
Florida
Excessive acceleration. WTF. What will they think of next? As @willow_hiller says, look in your dashcam footage before it’s overwritten. While no audio will be detrimental here, but perhaps it will be obvious nothing nefarious happened.

Excessive acceleration. HA. LOL.
 
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jjrandorin

Moderator, Model 3, Tesla Energy Forums
Nov 28, 2018
11,514
13,417
Riverside Co. CA
So, ah, did you dust a cop at a stoplight?


I am guessing its either this, or something like it. Perhaphs a police officer saw this OP accelerating "briskly" from a stop, at a speed they felt was unsafe. They cant give you a speeding ticket if you hadnt actually hit the speed limit yet, but they can say you were accelerating unsafely (or not obeying the basic speed law).

From reading what OP posted, its obviously a rule to prevent "cars and coffee" style burnouts and such, but they also can likely try to make it stick by saying the OP was accelerating too fast for conditions / the situation.
 

VT_EE

Active Member
Apr 22, 2017
2,085
2,793
Maryland
You'll probably get out of this at court. It will hard for the cop to explain why exactly how you were accelerating unsafely without any tire spin or noise.
 

jjrandorin

Moderator, Model 3, Tesla Energy Forums
Nov 28, 2018
11,514
13,417
Riverside Co. CA
You'll probably get out of this at court. It will hard for the cop to explain why exactly how you were accelerating unsafely without any tire spin or noise.

OP - "I didnt have any tire spin or noise, so how could I be accelerating unsafely?"
Officer - " Your honor, he has a tesla, everyone knows that those accelerate faster than almost everything"
Court - "guilty! of course you were accelerating unecessarily... you drive a tesla, they all do that!"

;):):D

(joking of course... or am I???:D)
 

JulienW

Active Member
Jul 7, 2018
2,923
3,746
Atlanta
Traffic courts are money machines and if you say you want to contest you will probably be offered a "deal" to pay fine without it going on your record. If you choose to fight you will likely have to reschedule and they will "bully" you saying how inconvenient/all day it will be and the consequences if you (likely) lose.
 

MichaelP90DL

Active Member
Apr 19, 2019
1,606
1,648
Lancaster, CA
If you're taking it to court, have someone shoot video of your foot on the accelerator from a stop, and have someone else video the car accelerating from the stop. Combine the two in editing software and present it as evidence. Just don't exceed the speed limit of whatever (empty) road you're doing this on. And, if possible, that those who shot the video in court with you in case they need to testify. Slam dunk, unless the judge is a total jerk.
 
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vickh

Active Member
Dec 16, 2018
3,165
711
az
The judge will alway side with the police officer. They are an expert witness and you are not. Plus if the judge rules against the officer, the next time the judge is caught speeding the officer will not let them off with a warning.

+1 My judge had a tshirt out under the robe while I had a suit. The cop had an attorney with him. For a rolling stop!
 
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Let's Drive

Member
Apr 1, 2019
60
93
MD
OP, were you actually accelerating hard when you got the ticket (even if you didn't spin tires or make noise)? What got the cops attention?

If so, it's going to come down to the cops discretion, and from what I've seen, judges frown upon people who try to get off on technicalities, especially if they actually performed the action in question. I wouldn't waste time trying to explain traction control and how Tesla's work, as you're likely to serve as entertainment when you go down that rabbit hole. All it will mean is that the law hasn't caught up to new technology, but that's not going to stop enforcement of the spirit of a law. Getting out of any points is the primary goal (looks like that's 4, in your state).

Mind you, I'm not saying don't fight it. But technicalities on the wording probably won't do it. For example, the cop isn't going to detail whether or not they saw stones and gravel, either, and the judge is unlikely to care. But whatever got the cops attention in the first place, is likely to carry a lot of weight. Good luck!
 
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TwoK4drSi

Active Member
Apr 3, 2019
1,320
1,267
DFW
There is something called “exhibition of speed”. It doesn’t mean you’re speeding. Hypothetically they can give it for “chirping” tires.
 

SomeJoe7777

Marginally-Known Member
Mar 28, 2015
2,200
5,803
Houston, TX
The judge will alway side with the police officer. They are an expert witness and you are not. Plus if the judge rules against the officer, the next time the judge is caught speeding the officer will not let them off with a warning.

The way it works here is that you can retain a lawyer who will work directly with the city/state/county prosecutor or DA. (We have law firms here whose sole business is fighting traffic tickets.) Your lawyer will discuss the case with the DA on the date of arraignment and get him to either drop the case outright or get the moving violation reduced to something else.

In this method, the judge has nothing to do with it. After the lawyer and the DA come to an agreement, the DA will present his disposition of the case to the judge (i.e. will request that the case be dismissed) and the judge will follow the DA's recommendation. No trial date is ever set, and no trial is ever held. The judge will simply tell you and your lawyer that the case is dismissed and you're free to go.

I've retained lawyers like this for traffic violations, my record over my driving career (about 35 years) is 9 out of 13 cases dismissed outright, 2 cases dismissed after taking a driver safety course, 1 reduced to non-moving violation (fine only), and one that I ended up having to pay the fine on because I missed a filing deadline. Before you say I'm a terrible driver, please keep in mind that most of these were decades ago in my youth. I was way more green about life in general back then. :) As of 2020, I think the last ticket I received was in 2011.

The law firm I typically used uses some tactics to help them. They will typically reset the arraigment date for dozens of tickets onto the same day several months in the future. When they get to the arraignment, there are then too many for the DA to work through in one day, so some get dismissed just due to case volume. Other times deals/trades are made, i.e. dismiss these 3 cases and we'll make a deal on these other 2. Every now and then they point out a "defect" in the case against their client to the DA, and the DA drops the case because he wouldn't win at trial. Way back in the 80's, sometimes the police officer wouldn't show up to trial and the case could get dismissed that way, but that doesn't happen anymore. They will always be there, per department policy.

Cost for representation by these law firms is typically $150-$250 per case, depending on which court is hearing the case and the nature of the traffic violation.

For the OP, if you retain one of these law firms I think there's a 95% chance they can get your ticket dismissed, as it sounds like the specifics of the law in your state do not apply to the event that occurred. I recommend that you don't try to do this yourself, as you will not have the same access to speak to the DA. You will end up going to trial, and will be at the mercy of the judge. As has been stated, he will generally not be on your side.
 

KenC

Active Member
Sep 4, 2018
3,861
3,574
Maine
...“(6) ACCELERATING VEHICLES. No driver of any motor vehicle shall cause by excessive and unnecessary acceleration, the tires of such vehicle to spin and emit loud noises or throw stone or gravel, nor shall such driver cause to be made by excessive and unnecessary acceleration any loud noise such as would disturb the public peace.”
The OP is right, this statute is all about loud noise, created by fast acceleration. You can have noise with acceleration and you can have no noise with acceleration. They're just assuming that if you accelerate, you make noise, but that's not correct with an EV and traction control. There's no spinning, no smoke and no noise.

If I were the OP, I'd go to the nearest track and take some video of various vehicles launching. I think a traffic court judge would understand what traction control is by now, and would know that, that prevents wheel spin. Just submit the relevant pages of the Owner's Manual. If that doesn't work, submit the video of Model 3 and other vehicles launching to illustrate the visual and audio difference.
 
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Abuccanero

Member
Sep 18, 2020
19
65
Wisconsin
OP - "I didnt have any tire spin or noise, so how could I be accelerating unsafely?"
Officer - " Your honor, he has a tesla, everyone knows that those accelerate faster than almost everything"
Court - "guilty! of course you were accelerating unecessarily... you drive a tesla, they all do that!"

;):):D

(joking of course... or am I???:D)


Funny you say that. The officers note says the same thing.
 

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Abuccanero

Member
Sep 18, 2020
19
65
Wisconsin
If you've got dashcam footage, a lack of dust/smoke/gravel would probably prove to a judge that your tires didn't spin excessively. Without rapidly spinning tires, it's hard for an EV to disturb the peace much.

I did save the footage. That was going to be my evidence but if I also had something about how EV traction control is more responsive to prevent tire slip.
 
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