Slash8915

iTrader: (21)

I was on my way to Arlington earlier, and was heading up 45 north. I was going the speed limit the entire time as well. Well, on the OTHER side of 45, a cop had someone pulled over, and was out of his car. This was in Palmer, TX. The car in fron of me was going about 50, so I decided to go around him. Now, my car is an auto, but I had been driving a 6-speed for the past few months, so I was used to having my hand on the shifter. As I went around the car, I accidently pushed forward a bit on the shifter, and the car went into neutral, revving it. Mind you, my cutout was open.

So about 20 miles down the road, a cop pulls me over. He said ANOTHER cop had told him to pull me over. We waited and the cop came up. He was acting like i had committed a hit and run. He starts bitching me out for revving at him and being disrespectful. I tell him the situation, and he says "Well in that car, your car is unsafe because your car shifts too easily into neutral." I told him that's how it comes from the factory, and it's not unsafe.

Well, to sum it up, he gave me a ticket for Exhibition of acceleration and Unsafe vehicle. Can I fight this?

johnlv6

iTrader: (3)

Take your car to the dealer and get it inspected. Have them write up an invoice stating that your shifter is stock and hasn't been modified. That pretty much takes care of your "unsafe vehicle" portion.

As for the "exhibition" charge...I would go into court and explain your situation without seeming disrespectful/combative. I would imagine that they'd listen to you, provided you have a clean driving record.

You might want to consider offering to take a driver improvement course if they'll scrub the ticket from your record. The ~$60 course will be cheaper than that ticket will be on your insurance. I drive my automatic LC on occasion, and I have to confess that I've done that on occasion.

imlooking

iTrader: (2)

94TRANS

iTrader: (39)

iv done this before, a few times actually. very understandable

i got pulled over the other day by a denton sheriff because i was driving in the left lane and not passing anybody, but it was like after midnight and nobody on the road to pass? i didnt know that was a law...

ThunderZ28

iTrader: (7)

sad thing is there are alot of people that dont know about this law, but yet it is posted on signs on every major highway that the left lane is for passing only..

99 DUKE'Z 28

iTrader: (17)

that sucks bro. i can relate to that. i do it in my gfs car some times since im so used to drivin my m6 and her eclipse is slow as hell, so my ill sometimes accidentally push the shifter forward lol. gl josh

Cam72aro

iTrader: (28)

Ummmm wow. fighting this ticket isnt even worth it. You made a mistake, pay the ticket, admit it and move on. Ultimately you shouldnt have even had your hand on the shifter. Look at it from the cops side of things. Hot rod goes by, revs engine. . . what else is he supposed to think. Take it as a lesson learned and move on.

bballr4567

iTrader: (5)

Fight that crap. Even on my brand new Malibu the shifter will go into N with just a push of the shifter without pushing in the button to actually shift it. Ive never seen an auto car that wasnt like that.

Even if you did rev at the cop, how can that be proved as exhibition of acceleration?

retardedpenguin

iTrader: (2)

Exhibition of acceleration is not a ticketable offense.

ZEX-Z

iTrader: (4)

fight it. There is no way to prove that was even you in the first place. Trial by Jury always wins. Who is to say thatt wasnt even a car on the other side of the freeway or even in front of you. Prove your car is stock, fresh inspection always helps. Beat the ticket on the exibition charge. Ask if i was accelerating fast, how fast was i going and does he have vidoe to prove it. In substantial evidence will always work in your favor. If he doesnt have you on video, its just his word against yours, but if you prove your car is stock, and at factory settings, your car was unable to even do that then you win. Go not guilty, trial by jury. Talk to a cop or a lawyer, they will help you write out what your gonna need in court. I beat out alot of Loud exhaust tickets this way. Without a decibal reader, I won everytime. Dumbass ******* cops. Thats what they get for picking a career that pays 40K a year with overtime.

Tex7387

iTrader: (1)

Way to be a true ***. Yea some cops are ********, but its not just because they are cops, some people are just ******** in general. Oh and as far as the pay goes, here is HPDs Pay scale. With exception to the cadet/probationary officer, it looks like a bit more than 40k a year with overtime

Minimum Yearly Compensation
Cadet/Probationary Officer $31,965
Police Officer $43,685 - $65,204
Sr. Police Officer $65,836 - $70,773
Sergeant $71,985 - $83,768
Lieutenant $80,097 - $92,603
Captain $90,885 - $104,397
Assistant Chief $130,753 - $137,016
Executive Assistant Chief $152,940 - $160,185

94TRANS

iTrader: (39)

i dont ever drive highway though, iv never seen one. thats a dumb law if theres no one on the road.
but thats a bullshit ticket the OP got anyway, its not exceleration if your in neutral?

Slash8915

iTrader: (21)

The only problem is that I live all the way in Webster, that's about 3 1/2 hours away. Going to court wouldn't really be possible.

GulfM3

iTrader: (14)

I'm sure SOMEONE was on the road, but since you said you were pulled over after midnight I would guess the officer was looking for a DUI.

To the OP, judging by the other posters in this thread it looks like half of us believe you and half don't.... Sure we haven't heard the whole story but we also haven't heard the cops side of the story either. Keep that in mind if you do try for a jury trial.

bballr4567

iTrader: (5)

Trial by written declaration.

THE BLACK WIDOW

iTrader: (9)

...

So you think the cop has no idea of the laws and just wrote that on the ticket for the hell of it??

Slash8915

iTrader: (21)

Hmm... Take a look at this...

http://info.sos.state.tx.us/fids/200505125-1.html

About halfway down, under "Exhibition of acceleration".
Also, this is from the Secretary of State. What does this mean then?

THE BLACK WIDOW

iTrader: (9)

So you are saying that this officer isn't aware of a law change that supposedly took place 6 years ago??

Slash8915

iTrader: (21)

Well then explain to me why is says that on the SECRETARY OF STATE'S website.

retardedpenguin

iTrader: (2)

So you are saying that you are not aware of free money?