[LOUIE Louie]

I received a speeding ticket in Oregon that was caused by a Known problem to my vehicle-Sudden acceleration-I have appealed my original judges decision. Are there any
Authorities that I can use or sight in the brief that helps my defense i.e. that I was not the cause of the acceleration but the failure by the automobile was the cause of speeding. I have a mechanic who diagnosed the problem the day of the ticket and who failed to fix the issue but the next day he replaced everything and thus fixed the sudden acceleration problem, he has written 2 affidavids and showed his findings in writing with canceled checks and repair bills. I need to find some authority for the brief HELP..

[AK lawyer]

You don't need to cite "authorities". The mechanic's testimony consistent with his affidavits should be sufficient, along with your testimony of what happened. I say the mechanic's testimony because, strictly speaking, at trial affidavits are not admissable; they are hearsay.

[joypulv]

If it's a known problem, hasn't there been a recall, and why aren't you suing the manufacturer? If it's a known problem, haven't you searched online for 'sudden acceleration of 2007 Jaguar XKE' or whatever your car is? I don't get why you are asking this and not even stating that information.

Also, do you really have a case for an appeal based on how you were caught speeding? If you were followed for more than a minute or waved over on the highway by radar, claiming sudden acceleration isn't going to fly.

[Fr_Chuck]

You will bring in all the documents from manufactor showing the issue, and the recall on it.
The mechanic who did this will have to appear in court and testify in person about what caused this and what his repair was.

To be honest, I doubt the judge will believe it, and you are going to spend 3 or 4 times as much in paying the mechanic as you would just paying the speeding ticket.

At the end of the day you can see the speedometer and know where the brake is.

[smearcase]

If it was a "known problem" there must have been a recall ordered by NHTSA.
Dealers normally do recall fixes. If I were the judge, I would ask how you were able to stop when pulled over by an officer. In most of the serious cases of unintended acceleration claims I have read about, drivers have claimed that brakes will not stop the vehicle and even shifting to neutral and/or attempting to turn off the ignition do not work. Was it a floormat problem jamming the accelerator or did the mechanic find electronic issues?
If there is no record of a recall for your particular vehicle, have you reported the incident to the NHTSA and what was their reply?
If there was a recall, how promptly did you take your vehicle in for repairs?
Did the recall notice advise you not to drive the car other than to the dealer for repairs covered by the recall?
Unless it was a very recent recall, or it was an unknown problem reported to NHTSA which you can document to the court, you are unlikely to be successful in your appeal, in my humble opinion.