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Faulty cruise control causes out of control acceleration at a speed trap

by: Boghdan on

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Boghdan
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Faulty cruise control causes out of control acceleration at a speed trap

Unread post by Boghdan »

Cruise control on Dodge Journey went nuts and went into full acceleration and I could not disengage through braking or fumbling with the cruise buttons. You tend to panic a bit in such a situation. Managed to slow vehicle down and pull over with engine locked at full throttle. Put it in park and switched it off. Just my luck a radar cop pulls up behind me, nails me for 86 in a 50, but reduces it to 15 over. That was very kind of him, but I didn't speed, the cruise control went nuts. How can I be held responsible for a component failure? Go to see prosecutor at the courts and show him a recall notice for my car's faulty cruise control but no dice. He offers to leave it at 15 over and drop the fine if I plead guilty. Otherwise, it would go to trial and they "might just bring it back up to 36 over" and hit me with a big fine and demerits, sort of blackmailing me to plead guilty. Being innocent does not stop them from convicting you. My record and Insurance are affected. If I take a chance on getting an honest judge with some empathy I'd be rolling dice. There must be something in traffic law about not holding a driver responsible for component failure on a vehicle.

Cruise control on Dodge Journey went nuts and went into full acceleration and I could not disengage through braking or fumbling with the cruise buttons. You tend to panic a bit in such a situation. Managed to slow vehicle down and pull over with engine locked at full throttle. Put it in park and switched it off. Just my luck a radar cop pulls up behind me, nails me for 86 in a 50, but reduces it to 15 over. That was very kind of him, but I didn't speed, the cruise control went nuts. How can I be held responsible for a component failure? Go to see prosecutor at the courts and show him a recall notice for my car's faulty cruise control but no dice. He offers to leave it at 15 over and drop the fine if I plead guilty. Otherwise, it would go to trial and they "might just bring it back up to 36 over" and hit me with a big fine and demerits, sort of blackmailing me to plead guilty. Being innocent does not stop them from convicting you. My record and Insurance are affected. If I take a chance on getting an honest judge with some empathy I'd be rolling dice. There must be something in traffic law about not holding a driver responsible for component failure on a vehicle.

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Decatur
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Re: Faulty cruise control causes out of control acceleration at a speed trap

It's the driver's responsibility to ensure that a motor vehicle is fit for the road. This would include dealing with a recall and perhaps not driving it until it's fixed. Speeding is an absolute liability offence, which means you either were or weren't speeding. You got a deal with the 15 over. If you've never had a ticket, it's unlikely that a minor offence will increase your insurance rates.

It's the driver's responsibility to ensure that a motor vehicle is fit for the road. This would include dealing with a recall and perhaps not driving it until it's fixed. Speeding is an absolute liability offence, which means you either were or weren't speeding. You got a deal with the 15 over. If you've never had a ticket, it's unlikely that a minor offence will increase your insurance rates.

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Re: Faulty cruise control causes out of control acceleration at a speed trap

The complete opposite is true. As Decatur pointed out, the driver is responsible for the vehicle they put out on the road. Not that it matters for conviction, but during a trial they would ask you questions like "Was the car immediately towed from where you were pulled over?"

Boghdan wrote: Wed Oct 10, 2018 3:54 pm

There must be something in traffic law about not holding a driver responsible for component failure on a vehicle.

The complete opposite is true.

As Decatur pointed out, the driver is responsible for the vehicle they put out on the road.

Not that it matters for conviction, but during a trial they would ask you questions like "Was the car immediately towed from where you were pulled over?"

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