it will shift out of first once it is warmed up ..just initially it will stay in first gear when tranny is cold once tranny warms up it goes into 2 and works ok....what is weird is that lets say i use the car for a bit and then it stays parked for approx a few hours the same thing happens again until the tranny warms up...which i think is weird because the car has already been used during the day...i could see if it is very cold outside like it was this winter but now it is 45-50 degrees during the day i dont think it should do this after i have used the car on and off thoughout the day...