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Unnecessary acceleration ticket

TLLMRRJ

Active Member
Dec 19, 2019
2,073
2,488
Houston
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.

It's probably the other way around. In blue states, that have to generate revenue to help pay for all the handouts their states are giving to the people that don't pay taxes, and in those states, the plan is to take from the rich to give to the poor. A Tesla owner looks a lot richer than a Pontiac owner.
 

dmurphy

Active Member
Supporting Member
Dec 7, 2018
4,041
5,747
New Jersey - Morris County
My goodness - what do you people do out there?

I've been driving for the better part of 3 decades, at least 3/4 million miles and have exactly... zero moving violations. No tickets, no dismissals and sure as hell no BAIL money! Only stopped once, at least 25 years ago for a rolling right hand turn through a stop sign. No ticket, just a verbal "don't do that again" and that was it. Lesson learned; haven't done one of those since.
 

Spacep0d

Active Member
Apr 20, 2019
1,123
1,840
Wildomar, CA
no idea how wisconsin is

but here in CA, i always request a trial by declaration - this delays the process a good 3 months and you dont have to physically goto the courthouse

if the cop does not submit his statement by a specific date, the case is dismissed and you get your bail money/fine for ticket back

if you lose that, you can always request a trial de novo and do the whole process over again and hope the judge sides with you or the cop gets too lazy and doesn't do his homework

Yep. Even with the trial de novo, you can ask the judge to waive the point and reduce the fine if the cop shows and you're not feeling confident about your case. If you're confident and your case is good, the cop will likely not show up and make a fool of himself.

You can also ask the judge that if he/she finds you guilty that you be allowed to pay the fine and have the point waived or be granted traffic school (even if you're not otherwise eligible).Judges have a lot of leeway here.

Remember too that the cop is a hostile witness, not a prosecutor.
 
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My goodness - what do you people do out there?

I've been driving for the better part of 3 decades, at least 3/4 million miles and have exactly... zero moving violations. No tickets, no dismissals and sure as hell no BAIL money! Only stopped once, at least 25 years ago for a rolling right hand turn through a stop sign. No ticket, just a verbal "don't do that again" and that was it. Lesson learned; haven't done one of those since.
This was the first time I have ever been pulled over in 16 years.
 
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Yep. Even with the trial de novo, you can ask the judge to waive the point and reduce the fine if the cop shows and you're not feeling confident about your case. If you're confident and your case is good, the cop will likely not show up and make a fool of himself.

You can also ask the judge that if he/she finds you guilty that you be allowed to pay the fine and have the point waived or be granted traffic school (even if you're not otherwise eligible).Judges have a lot of leeway here.

Remember too that the cop is a hostile witness, not a prosecutor.

What do you mean by a hostile witness?
 
no idea how wisconsin is

but here in CA, i always request a trial by declaration - this delays the process a good 3 months and you dont have to physically goto the courthouse

if the cop does not submit his statement by a specific date, the case is dismissed and you get your bail money/fine for ticket back

if you lose that, you can always request a trial de novo and do the whole process over again and hope the judge sides with you or the cop gets too lazy and doesn't do his homework

Does trial by written declaration usually work? I just got a ticket a month back and I am just wondering if I did that, and fails, can I request a trial de novo to do traffic school?
 

jonquiljo

Active Member
Supporting Member
Sep 26, 2019
1,066
527
SF Bay Area - Marin
This was the first time I have ever been pulled over in 16 years.

This is nuts! The fact remains that the cop put in writing his prejudice about Tesla vehicles. Unless that clown of a cop had a speed gun that could measure your acceleration, there is no case. A simple definition of acceleration is "the rate of change of velocity per unit of time."

Guessing acceleration is not something that people can do by just watching. On top of it, the cop was probably eating donuts at the time.

Sorry, I can see no way without sophisticated equipment that anyone could really "know" your rate of acceleration. Owning a Tesla does not make you guilty of breaking the law just because the car can break the law.

That cop's statement read like one of a moron. See him in court!
 

ItsNotAboutTheMoney

Well-Known Member
Jul 12, 2012
11,198
9,073
Maine
After the trial gets dismissed, challenge him to a drag with his vehicle.

Can be more constructive. Get them in the Tesla and have them accelerate so they can experience the normality of quick. Then suggest they have their department talk to other police departments with Teslas.

I think the OP can consider themselves unlucky to have had minivans either side. Relative acceleration would have been large. Minivans aren't quick and there's self-selection by drivers who don't care.

It also seems like a gentle lesson in the danger of police prejudice.
 
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Real question here. Why spend thousands on a lawyer to get out of a few hundred dollar ticket?? There's no way a lawyer will be cheaper than jut paying the ticket (or am I missing something?)

OP definitely is right, the ticket is bogus so this is more of a general question, but what benefit will bringing this to a lawyer and spending an excessive amount on their fees bring?
 
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Real question here. Why spend thousands on a lawyer to get out of a few hundred dollar ticket?? There's no way a lawyer will be cheaper than jut paying the ticket (or am I missing something?)

OP definitely is right, the ticket is bogus so this is more of a general question, but what benefit will bringing this to a lawyer and spending an excessive amount on their fees bring?
The community benefits. Rolling over and paying encourages the officer to do the same thing to every other Tesla he sees.
 
Real question here. Why spend thousands on a lawyer to get out of a few hundred dollar ticket?? There's no way a lawyer will be cheaper than jut paying the ticket (or am I missing something?)

OP definitely is right, the ticket is bogus so this is more of a general question, but what benefit will bringing this to a lawyer and spending an excessive amount on their fees bring?

If the ticket carries points then your insurance will be raised for the next 4-5 years. Usually the insurance is significantly increased so the true cost of the ticket can be 10x or more of just the ticket fee.
 

Saturday

Member
Jul 3, 2020
206
207
Maine
If the ticket carries points then your insurance will be raised for the next 4-5 years. Usually the insurance is significantly increased so the true cost of the ticket can be 10x or more of just the ticket fee.
truth. so in the end, a traffic lawyer might cost up to 1500 if they have to represent you but you'd pay that much in increased insurance premiums, especially for a tesla as high as they can be, over the next few years. so it seems to me the two options are win the case, humiliate that officer, set a precident and shell out a couple thou or lose the case get points and shell out a couple thou. answer seems obvious to me OP ;)
 

dmurphy

Active Member
Supporting Member
Dec 7, 2018
4,041
5,747
New Jersey - Morris County
truth. so in the end, a traffic lawyer might cost up to 1500 if they have to represent you but you'd pay that much in increased insurance premiums, especially for a tesla as high as they can be, over the next few years. so it seems to me the two options are win the case, humiliate that officer, set a precident and shell out a couple thou or lose the case get points and shell out a couple thou. answer seems obvious to me OP ;)

The lawyer would be significant less than a few thousand for a simple traffic ticket. Free hundred bucks most likely.
Worth doing ...
 
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Maxpilot

Member
Jul 27, 2020
105
132
Kansas
I just got a new Model S LR+. Wow is it fun to drive. I have an insurance discount by using a phone app that spys on my driving. The insurance app now says almost every acceleration is too fast and marks it on the map of the drive. The app flags a fast acceleration as anything faster than 5 mph per second. Way too sensitive when you drive a car that can do 0-60 in 3.7 sec. Ha Ha! I have been using Traffic Aware Cruise in order to keep from getting speeding tickets... but with my current software version, the car stops at lights and behind cars, but waits way too long to start slowing down... so now I am getting flagged from the app for rapid braking too. I have to manually tap off TACC and brake to keep that from happening. I'm going to most likely lose my insurance discount. Ha! And it will most likely only be a matter of time before I get a ticket. I have been ticket free for 16 years.
 
“(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.”
This is about as unspecific as it can get. What is "excessive" acceleration? 0.2 g? 0.5 g? 1 g? It is completely arbitrary to say someone is accelerating excessively.
I would fight that ticket no matter what others say. Neither did your vehicle spin and emit loud noises (same thing: what is "loud"? Are pickup trucks allowed on a public roads?) or throw stone or gravel, nor did you disturb the public peace. All you did was you pissed off a sore loser who couldn't keep up :D.
 

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