he was 2 lanes over. I went about half speed. Nothing crazy. Not like I was racing. There was a mini van on both sides of me.
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Unnecessary acceleration ticket
- Thread starter Abuccanero
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- ticket traction control
he was 2 lanes over. I went about half speed. Nothing crazy. Not like I was racing. There was a mini van on both sides of me.
I never made it over 40. The speed limit is 45. The cop even said I didn’t speed.
I already denied their offer. It was still $300 and 3 points. Original ticket is 425 and 4 points.
I would definitely fight this. Since the statute is about noise and your car hardly produces noise and has traction control that would prevent a burnout or excessive wheelspin, there's no way the ticket is legitimate in my view as a non-lawyer. I think your case is helped by the cop admitting that you were not speeding. I received an improper ticket before for something the cop knew at the time, or should have known, was not wrong. I fought the ticket and separately reported the cop to the California Highway Patrol and was able to get a reprimand placed in his file.
Let's Drive
Member
After reading the officer's description of events, it sounds like they have a prejudice against Tesla vehicles (despite what actually happened). Since the infraction leans towards the cops discretion, any possible bias is what I'd aim for, though I'd probably get a professional involved.
MichaelP90DL
Active Member
In the late '90s, I had to go to Denver from my home in Wyoming. Car wouldn't start, so I rented one and took off. It seemed to me that I was traveling faster than the speed limit despite what the indicator said. Got to Denver, did my biz, returned north. Got stopped by the WHP near Wheatland, WY. Cop had me at over 80 mph. Speedo said just a bit over 70. I told him to remember this incident, that we would meet in court.
Now, I happened to be in the cop radar biz at the time and had several radar guns. Before I turned the car in, I ran the car down a country road and had an employee video the speedometer then had her shift it to the radar gun, which was aimed out the window. A stationary radar gun will indicate the speed of the vehicle it's in by reading the road. I took her, the radar gun, a TV, a VCR and the tape to court. I explained to the judge what I was about to show. The cop was present. We all watched the video of the rental car.
We saw an indicated 72 mph but the radar was indicating 83. The judge asked what I wanted. "I was trying to be a good boy," I explained. "I am not responsible for speeding because that speedo is in error." The judge, an old fellow who had been on the bench in that town since forever, said: "I have never before seen such an impressive demonstration. Case dismissed."
Then the judge told me to tell the guy at the Ford dealership in Douglas, WY, where I rented the car, to fix that speedometer. I stopped to visit him on the way home and relayed the judge's command. The manager told me I'm full of it and that they had road tested the car and checked the speedo before I had rented it. Bloody liar! LOL. True story.
Present the facts and a demonstration. No judge wants to be shown to be an idiot. You'll win.
I live about 2 miles off Route 287. And every night it sounds like a drag strip out there. Absolutely absurd. The average rate of travel has gone up at least 10mph. Probably more. And it was close to 75-80 beforehand.
So you’re saying that “the spirit” of the law is raising revenue!? The way I read it is that the spirit of the law was to keep things quiet. I’d definitely fight it!
Maybe someone should point out that even the slowest tesla at full throttle will be exceeding 100mph in "1/4 to 1/3 mile". Certainly any police car will be doing that. Heck, even our minivan might be able to do that.
For him NOT to be giving you giant expensive speeding tickets means you weren't on the throttle all that much. 40mph is only a handful of car lengths at full throttle.
For him NOT to be giving you giant expensive speeding tickets means you weren't on the throttle all that much. 40mph is only a handful of car lengths at full throttle.
Just my opinion as I am not a lawyer, but it seems like the cop made your case for you in his statement. Green light, no noise, no tire squeal, did not exceed the speed limit, and his opinions on Tesla’s. Where’s the violation? Worth talking to an attorney.
exactly. If I was accelerating for a 1/4 to 1/3 mile I would have been in handcuffs.
I wonder if I could point out that he seems to be prejudice and stereotyping Tesla owners.
If you go to court over this, see if you can find an 'expert'(not you, sadly, someone who has no interest in the case) who can show a nice distance/speed graph of your car model at various throttle positions.
Once the judge sees the officer is exaggerating, he might throw the case out and ask for a ride in your 3
I think “SomeJoe777” was right on point with his recommendation. Tough to defend yourself in court. Most lawyers will tell you it’s not what they know that you are paying for, it’s who they know.
Simple solution: Take the judge for a ride. One Tesla grin later, case dismissed!
Spacep0d
Active Member
I've beaten 6 out of 7 tickets with an affirmative defense (over 10+ years). Lost one because the judge sided with the cops who didn't have a case but they showed up. Got kango'd on that one. Judges sometimes have to agree with you (if they're being fair) even if they don't want to. I had one judge write exactly that on my Not Guilty verdict, and in 5 of those cases I got my bail money back. In one case I simply asked for traffic school (though I was ineligible) and it was granted. Good for me, good for the power$ that be.
In California you have two chances to fight your ticket, one by TBD (Trial By Written Declaration) and the second time in person with a different judge. You only need to be right once. The cop has to make a case about your lack of safety, especially if this is a 22350 or basic speed law infraction. This is up to interpretation based on 'reasonable and prudent' and also based on the prima facie limit. That limit should be based on a valid E&T survey.
I got one speed limit sign changed (raised) due to an E&T survey which did not support the speed limit, rendering all speeding infractions invalid (for those who know better). A month after I beat that ticket citing the non-existent construction, they raised the speed limit back to where the survey indicated it should be, and that's based on an 85th percentile of free-flowing traffic not under the influence of a traffic control device.
I'm not a lawyer nor is this legal advice. I'm just sharing a little bit of what I know on the subject through hard-won experience and research.
In California you have two chances to fight your ticket, one by TBD (Trial By Written Declaration) and the second time in person with a different judge. You only need to be right once. The cop has to make a case about your lack of safety, especially if this is a 22350 or basic speed law infraction. This is up to interpretation based on 'reasonable and prudent' and also based on the prima facie limit. That limit should be based on a valid E&T survey.
I got one speed limit sign changed (raised) due to an E&T survey which did not support the speed limit, rendering all speeding infractions invalid (for those who know better). A month after I beat that ticket citing the non-existent construction, they raised the speed limit back to where the survey indicated it should be, and that's based on an 85th percentile of free-flowing traffic not under the influence of a traffic control device.
I'm not a lawyer nor is this legal advice. I'm just sharing a little bit of what I know on the subject through hard-won experience and research.
MichaelP90DL
Active Member
Last time I visited my doctor, I told him about my new Tesla. "It'll do a quarter mile in 10 and a half seconds," I bragged as he held his stethoscope to my chest. "So, what are you doing for the next 11 seconds?" He cracked a quick smile. "Seeing patients," was the reply.If you go to court over this, see if you can find an 'expert'(not you, sadly, someone who has no interest in the case) who can show a nice distance/speed graph of your car model at various throttle positions.
Once the judge sees the officer is exaggerating, he might throw the case out and ask for a ride in your 3
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
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
what blue state do you live in?? Around here CHP is basically the money maker for the state from all the poor saps that get pulled over. No leniency going on here.
fajitamondays
Member
Bogus allegations. Sorry you have to deal with this. Our "engine noise" is like a modern washing machine on spin cycle (a balanced load, of course) at best. The only times I've managed to spin my tires is on wet pavement (or ice), and even then, the traction control kicks in immediately.
Who knows, maybe you allegedly threw up a tiny pebble in the course of normal acceleration
Who knows, maybe you allegedly threw up a tiny pebble in the course of normal acceleration
