Electronic Stability Control Related Problems of the 2008 Mercedes Benz ML350

Electronic Stability Control problem

March 2011, I was heading home. I was talking on the hands free phone system, and immediately I felt a jerk and heard a noise. I looked at the control panel and the vehicle panel read "n" neutral instead of "d" drive. The vehicle automatically switched into neural on the freeway at 70mph!!!! at this point I am in the fast lane and hysterical. I pressed the gas and nothing happened. The speed decreased to 40mph and cars are now racing past and behind me. Luckily, a police officer spotted me and physically hit my car and moved it over to the side while I was in it. I explained what occurred as he yelled "are you crazy you could have been killed what happened". I asked him for a police report and he immediately had to depart. The next day, I immediately reported the incident to the dealer. The diagnosis was my control panel needed to be reset, an apology was given and test drives occurred. I was asked did I touch any buttons and replied no. They recreated the scene and conducted a test drive. The car did not shift into neutral even when it was tampered with while driving. On 8 may 2012, the incident occurred again! my car switched into neutral twice in 1 day! the second time I was at a stop sign. Today is 15 may 2012, and my car is with the dealer now. I am afraid of driving my Ml350 2008 model. Much worse, the dealer alludes to asking me have I touched anything. If this is the case, then a safety message should be posted, warning if you "touch" a button your car will switch to neutral while driving. I have a 4 month old daughter and bought the vehicle for safety. I explained to the dealer I should not have to wait till I am hurt or injured for something to be done. He stated "nothing is coming up on the diagnostics the system is very smart�. The dealer even denied there are any recalls for the ml 350 2008. I've hired an attorney.