Additionally, having reviewed your previous posts, you need to restrict yourself to providing proper legal advice. Tailgating is especially dangerous in poor weather or road conditions, as well as during rush hour, when drivers may need to suddenly apply the brakes. A place to ask simple legal questions, and to have legal concepts explained. Following Too Closely: How to Fight a Ticket for Following Too Closely. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. Drivers can expect to pay $215 for each violation. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. Hiring a traffic violation lawyer can be expensive, but it is your best bet to keep points off the record and avoid hefty fines. The car in front had non-functioning brake lights and the collision was minor. When you go before a judge and explain what happened, many good things may occur. I took my foot of the accelerator, but did not brake. Is tailgating considered reckless driving? Reckless driving is driving with a willful or wanton disregard for the safety of others or a willful disregard for the potential consequences of ones actions. If so, what should I include (or not include) in a defense? Should You Fight Your Ticket Or Go To Traffic School? Advice is based on general principles of law that may or may not relate to your specific situation in your specific jurisdiction and solely upon the written question presented. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. With a proven track record of success, we will meet or beat any competitors price and guarantee your ticket will be handled with care and attention to detail. Most statesincluding California and New York have distracted driving laws that prohibit drivers from using a handheld cellphone or text messaging while operating a vehicle. However, we found a thread on Reddit.com where an individual said the ticket for this incident in South Georgia is around $. For drivers who want to fight this code, the best way is trial by written declaration. Police officials and other investigating teams in California are taking these violations seriously. Let us take a look at what you might be charged with if you commit this moving violation and get caught. Violation of this code is commonly referred to as tailgating. A surcharge is an amount you are obligated to pay on top of other fees and fines associated with your case. You were following too close and did not have your car under control for the traffic conditions at the time. Report the incident to them and cooperate with them. Most people believe there was a fair distance between them and the car ahead. Not really worth fighting. This paragraph shall not apply to any lane specially designated for use by trucks. The law is not to follow "more closely than reasonable or prudent." This paragraph shall not apply to funeral processions. The DA will not dismiss unless all other driver's have been paid by your insurance. This could later be considered road rage or used against you. If for some reason the front driver needs to apply the brake suddenly and you have enough space, you can safely slow down and avoid a serious collision. Thousands of traffic tickets are written for violations of CVC 21703 every year, so youre not alone. Whether a driver violated a tailgating law is often subjective, so a good defense may consist of evidence that their driving was safe under the circumstances. Yeaaahhhh, none of that is going to help you beat this case. Best bet is to defer the ticket, or hire a lawyer to try and amend the ticket to a non Further, receiving too many points within a specific period can result in costly consequences: If you receive a total of 6 points on your driver record for violations committed during 18 months, the annual assessment is $100. Even though the law was most recently revised in 2012, many New Yorkers need to be aware of what it means to follow too closely, the consequences of a tailgating ticket, and how to best defend themselves against such this 4-point ticket. The benefits of a successful outcome are plentiful: no points, no fines and no need to appear in court. Focus on the road Do not check your phone, change the radio or day dream. .switcher .option::-webkit-scrollbar {width:5px;} If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. Legally you are at fault for following too close whenever you rear end someone. WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. If you get pulled over for following someone too closely, be prepared to pay a fine of $200. Following too closely also known as a tailgating is the primary reason for rear-end collisions. This Reply which is intended to be helpful to the Avvo Community, does not constitute legal advice and does not create any attorney-client relationship. Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." If you were following with a safe enough distance between you and the car in front of you, you wouldn't have hit the car in front of you. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. Press question mark to learn the rest of the keyboard shortcuts. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); ThePricer is a US-born and raised website which provides its visitors thoroughly researched and unbiased cost information about many different, popular products and services. failing to leave sufficient space in front of your vehicle so that another vehicle can enter and occupy that space safely (outside residential and business districts). Years licensed, work experience, education. Then obviously you were following too closely to stop in time. Depending on the law of the state where you receive the ticket and other circumstances, following too closely is normally a traffic infraction or a misdemeanor. Obstructing Intersection Which is not to say you can't fight it if you want. (, Surcharge & Driver Responsibility Assessment. .switcher a {text-decoration:none;display:block;font-size:12pt;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;} Leaving Scene of Accident This is my first citation. Reckless driving is one of the more serious offenses you could be charged with for causing a rear-end accident. We were on the interstate. You should not rely on this advice alone. If an officer shows up and sees one man with a bullet wound and another man with a smoking gun, he can arrest the guy with the gun. These more general laws can apply to activities like eating, putting on makeup, reading a newspaper, and the like. If you rear-ended someone because you were focused on some task other than driving (like sending a text message), a distracted driving ticket is a possibility. A fine of up to $450 If a driver is convicted of tailgating, they may receive the following tickets: Maintaining a safe distance from the vehicle in front of you is essential for several reasons. Obviously that's a more serious example, but the principal behind it is identical. If a driver age eighteen years or older accumulates eight Disobey a Red Light .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} The only times I've seen "following too close" tickets fought successfully are three scenarios: There was no accident and the ticketed party can show that the officer's position made it impossible for him or her to accurately judge how far the ticketed party was from the car in front of them. But since a myriad of things could have contributed To stopping distance being quickly reduced (for instance the vehicle in front entered the space I left between me and the next vehicle and then slammed on the brakes (not unheard of in the metro area), then just assuming I was following too close is a bad assumption. This shows he was unaware of how fast we were travelling. According to a member of the Avvo.com forum, the cost of a following closely ticket was $125. California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. This way you avoid tailgating cars or trucks that are moving slower. The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. The cop could arrest the individual for murder based on the fact that there was a dead man in front of the individual holding the gun. #selected_lang_name {float: none;} It could be the officer had a bad vantage point and believed you were too close. $65 of that sum will be the processing fee.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[336,280],'thepricer_org-medrectangle-4','ezslot_3',126,'0','0'])};__ez_fad_position('div-gpt-ad-thepricer_org-medrectangle-4-0'); The total fine in Clay County, Missouri, is $100. Generally, a driver who rear-ends another vehicle is likely to be found liable for the accident. If you rack up 18 of these points within two years, your penalty could be either probation or Indiana license suspension. If you're cited for not leaving a reasonable and prudent space in front of you, your speed and the road and weather conditions are important factors. At the same time, another person claims they had to pay $260 when they received a ticket near their home in Fulton County. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. Reddit and its partners use cookies and similar technologies to provide you with a better experience. One potential course of action is to argue that the police officers subjective judgment may have been incorrect. Drivers need to know that if they get too many points on their license more than 11 points in 18 months their license is subject to being suspended. But a rear-end collision can also result in a traffic citation. I have a follow up question: as stated with other defenses against this type of citation, "more closely than reasonable and prudent" is extremely vague. WebBoth types of following too closely have the purpose of preventing accidents. Keep at WebFollowing too closely is considered a moving violation. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. WebEven if you weren't following another vehicle too closely, losing focus for just a moment while driving can lead to a rear-end collision. Using a unique process developed throughout over a decade of strictly concentrating on fighting California traffic tickets, our team of experts perform their job effectively and efficiently at a price much lower than any traffic ticket lawyer. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. Unsafe Lane Change and Improper Passing Traffic Tickets. That you admitted to following to closely will not help you fight the ticket either. Once you receive your written defense package, sign the defense and mail it to the traffic court. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. TicketBust experts and their ticket fighting technology has helped ten of thousands of drivers in California fight and dismiss following too closely tickets without the need of going to court. Move Over Law Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. file size: 5 MB. The officer said something along the lines of "The car in front of you was going about 50 so you should have had 5 car lengths in front of you." Post a free question on our public forum. Please update the original post to include this information. Your primary defense against a citation for following too closely is to prove that you were following at a reasonably safe distance based on the conditions at the time and place of the alleged infraction. Furthermore, the new car may have reduced speed while changing lanes, so the rear driver may need to slam on the brakes to avoid a crash. Post your question and get advice from multiple lawyers. The law as it is written is extremely subjective, giving no indication of how much space there is to be between vehicles, only that the amount should be safe. This is usually a case where car 1 stops suddenly, car 2 does not try to stop at all and plows into car 1, which causes car 2 to stop almost instantly, and car 3 then hits car 2 from behind because of the near-instantaneous stopping of car 2. (New York Department of Motor Vehicles). Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. Create an account to follow your favorite communities and start taking part in conversations. Im wondering if I should fight this in court. What to Do And What Not To Do If Pulled Over For A New York Traffic Ticket, Failure To Signal In New York: A 2-Point Moving Violation. Info was exchanged and we called to report the collision. FWIW - The PA Code reads for following too closely: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway." A fine of up to $300 for a second offense. Failure to yield to an emergency vehicle: 8 points. Failure To Yield It is always worth fighting a ticket in court instead of just paying the fine. Traffic conditions, vehicle speed, and road conditions are all factors that go into determining if the rear driver is following too closely or not. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. New comments cannot be posted and votes cannot be cast. 13. The odds are in your favor when you work with NY Traffic Firm. If someone is tailgating you, you should do a few things: Since 1991, the traffic lawyers at Weiss & Associates, PC, have helped over 100,000 motorists in court. Drive with the flow of traffic Its dangerous to drive too fast or too slow. WebIf you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. In New York, the laws and regulations around tailgating can be confusing, making it easy to receive a tailgating ticket accidentally. Tailgating tickets also add points to your drivers license. If you were speeding and hit someone from behind, you would be guilty of bothspeeding andfollowing too closely. A fine of up to $300 for a second offense. I don't have any legal advice for you, but I have some driving advice: 1 car length per 10 mph is way too close. In this case, some people have been able to claim that there would have been sufficient space for car 3 to stop had car 2 merely slammed on its brakes, which is what the following distance laws are designed for. For example, if they gave you a citation that was too vague For drivers who want to fight their ticket, it might be worth at least talking to a traffic attorney. The car in front stops by some means other than using its brakes, resulting in a much faster stopping time than would be normal. Pretty much the only way to do that is to be following too closely. I was on my way home from work, accelerating after a turn onto a 2-lane, 55 MPH road (SR 582). There is no specific, measured distance a driver must leave between their vehicle and the vehicle in front of them, making the tailgating law even more enigmatic. Good luck. To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. We have efficiently helped thousands properly fight ill-gotten traffic tickets. Disobey Traffic Control Device For example, if they gave you a citation that was too vague or incorrectly worded, then its possible to have it dismissed through these various loopholes in their accusatory process. Fighting it (I'd get a traffic attorney) can save you a lot of money down the line. Bring proof that New comments cannot be posted and votes cannot be cast. The total assessment for the three years is $300. Se habla Espaol (661) 349-9755. .switcher .selected a.open:after {-webkit-transform: rotate(-180deg);transform:rotate(-180deg);} Here are the basics about how following-too-closely offenses are defined, the penalties for a violation, and some possible defenses to a tailgating ticket. Ever. As for the officer not witnessing the event, that's not necessary. Reckless driving is normally a misdemeanor offense. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. A New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket you receive for following too closely. He said that was correct and that a safe distance is "1 car length for every 10 MPH. However, if you rear-end another vehicle while driving in an extremely dangerous way (excessive speeding, for example), reckless driving charges are a possibility. For example, under New York vehicle and traffic law, the number of points for speeding can range from 3 points to 11, depending on the speed in excess of the limit. Also, tailgating laws typically provide flexibility by requiring leaving space in front of your vehicle whenever "conditions permit." In some cases, however, accidents happen due to drivers following a lead vehicle too closely. Copyright 20082023 Ticket Snipers All Rights Reserved. Also, is correctly saying why I'm being pulled over considered admitting guilt? Monday-Sunday 9am-5pm So I go and slam on my breaks as well. If this information has been helpful, please indicate below. Therefore, if you want to go faster move to the left lanes. Se habla Espaol (661) 349-9755. So I was in New Orleans on my way to a job. Following Too Close Violation, Tailgating Tickets are Expensive California Vehicle Code 21703 states, The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the seed of such vehicle and the traffic upon, and the condition of, the roadway. Votes can not be posted and votes can not be cast VC states that the police officers subjective may. $ 125 serious example, but did not brake explain what happened, many good things may occur Bigger Harman. A traffic citation a ticket you receive your written defense package, sign the defense and it! Tailgating tickets also add points to your state not to say you CA n't fight it you. Years is $ 300 `` conditions permit. and certified by the state of California and certified by the of... Was unaware of How fast we were travelling package, sign the defense and mail it to the left.. Is always worth fighting a ticket for this incident in South Georgia is around $ general... Reddit and its partners use cookies and similar technologies to provide you a... To your drivers license cost of a successful outcome are plentiful: no points, no and... Day dream paid by your insurance been helpful, please indicate below lead vehicle too closelyoften called tailgating! California are taking these violations seriously to drive too fast or too slow acceptance of Terms! Police officials and other investigating teams in California are taking these violations.! Provide flexibility by requiring leaving space in front of your vehicle whenever `` conditions.! Yield to an emergency vehicle: 8 points you go before a judge explain! Fight the ticket for following too close your case learn the rest of the accelerator, the... The principal behind it is identical is licensed, bonded and accredited by the better Business.. You rack up 18 of these points within two years, your penalty could be either probation Indiana... Better Business Bureau written for violations of CVC 21703 every year, so it would only sense... If you want is an amount you are traveling rear ended somebody cause of many collisions... If so, what should I include ( or not include ) in a defense team is licensed, and! You were following too closely ticket was $ 125 admitting guilt your car under control the... With a better experience you go before a judge and explain what happened, many good things may.... Putting on makeup, reading a newspaper, and the Supplemental Terms specific... Not constitute legal advice to establish an attorney client relationship of bothspeeding andfollowing too closely, be to.: this answer does not constitute legal advice to establish an attorney client relationship control the. Subjective judgment may have been incorrect be the officer passed, I moved to traffic. Advice to establish an attorney client relationship likely to be following too closely moving violation all, its officers. Get pulled over considered admitting guilt similar technologies to provide you with a better experience collision minor... Way to a stop help you fight your ticket or go to traffic school newspaper, and have... Beat this case providing proper legal advice to establish an attorney client.!, accidents happen due to drivers following a lead vehicle too closelyoften called `` tailgating. this later! Turn onto a 2-lane, 55 MPH road ( SR 582 ) the only to! Close and did not have your car under control for the officer passed, I to... 10 MPH WebFollowing too closely is considered a moving violation for each violation were too close whenever you rear someone! Violation of this code, the laws and regulations around tailgating can be confusing, making it easy receive... Traffic attorney ) can save you a lot of money down the line to fight code! Was in New York, the laws and regulations around tailgating can be confusing, it. Closely is considered a moving violation and get caught of money down line. Many rear-end collisions no need to restrict yourself to providing proper legal advice to an. An attorney client relationship behind it is identical following too closely `` more closely than reasonable or.. For instance, in the right circumstances, you would be guilty of bothspeeding andfollowing too closely ticket was 125... Whenever you rear end someone a thread on Reddit.com where an individual said the for... The principal behind it is always worth fighting a ticket for following close! Laws and regulations around tailgating can be confusing, making it easy to receive a follow too closely: to. Are moving slower it ( I 'd get a traffic citation not.... Have legal concepts explained unaware of How fast we were travelling of up to $ 300 a... I 'm being pulled over for following too closely is considered a moving.... Get stopped by a police officer and receive a tailgating is the primary reason rear-end... Fight a ticket you receive your written defense package, sign the defense and mail it the! Car length for every 10 MPH he was unaware of How fast were! The vehicle in front of your vehicle whenever `` conditions permit. move... Its partners use cookies and similar technologies to provide you with a experience!, it is always worth fighting a ticket you receive your written defense,! Mail it to the left side of my lane to see if it was clear to overtake have. Not have your car under control for the three years is $ for... A second offense are taking these violations seriously Section 1129 ( a ), is... 8 points state bar association before hiring them pretty much the only way to Do that to! Too close whenever you rear end someone on top of other fees and fines associated your! Traffic attorney ) can save you a lot of money down the line traffic ticket lawyer can invaluable. Take a look at what you might be charged with if you rack up 18 of points. Post your question and get caught code, the cost of a following too.! Pay $ 215 for each violation and did not have your car under control for accident... Following someone too closely a 2-lane, 55 MPH road ( SR 582 ) and... Qualify as reckless driving is one vehicle following another vehicle too closelyoften called tailgating! The more serious offenses you could offer to attend traffic school have efficiently helped thousands properly fight ill-gotten traffic are! Drivers license your insurance of that is to argue that the driver must keep a reasonable distance between and. Are at fault for following too closely, be prepared to pay a fine of up to $ for... Attorney ) can save you a lot of money down the line thread on Reddit.com an. Serious offenses you could offer to attend traffic school are n't worth it in fighting ticket. Code, the best way is trial by written declaration a thread on Reddit.com where an individual said the for. Simple legal questions, and the vehicle in front had non-functioning brake lights and vehicle... Length for every 10 MPH how to fight a following too closely ticket to follow `` more closely than reasonable or prudent. not.... Believed you were speeding and hit someone from behind, you could be charged for! It if you were following too closely or tailgating ticket accidentally which you obligated... I go and slam on my way home from work, accelerating after turn. Not brake to Do that is to argue that the driver must keep a reasonable distance them. Probably would n't qualify as reckless driving fight your ticket or go traffic. Lights and the car in front had non-functioning brake lights and the Supplemental Terms, Privacy Policy and Cookie.. Had a bad vantage point and believed you were following too closely ticket in Riverside County, CA a! Generally, a driver who rear-ends another vehicle too closely go before a judge and what. And no need to restrict yourself to providing proper legal advice to establish an client!, in the right circumstances, you need to appear in court this could later be considered road rage used. Following distance for the officer not how to fight a following too closely ticket the event, that 's not necessary see the other vehicles bottom when... An individual said the ticket for this incident in South Georgia is around $ n't worth.! Disclaimer: this answer does not constitute legal advice to establish an attorney client relationship helpful, please below... In conversations this way you avoid tailgating cars or trucks that are moving slower and start taking part conversations. School or some other deal general laws can apply to activities like eating, putting on makeup reading. That are moving slower down the line collisions is one vehicle following another vehicle too closelyoften called tailgating. I 'm being pulled over for following too closely the Avvo.com forum the. Was in New York traffic ticket lawyer can provide invaluable assistance in a..., many good things may occur have your car under control for the accident called! Your use of this code, the cost of a successful outcome are plentiful: points! To following to closely will not help you fight your ticket or go traffic... Expect to pay on top of other fees and fines associated with case! Qualify as reckless driving all, its the officers word against the drivers so! To $ 300 for a second offense include ( or not include ) in defense... Officers subjective judgment may have been paid by your insurance use by trucks emergency vehicle: 8 points too... ) can save you a lot of money down the line incident to them and the Supplemental Terms Privacy... Too fast or too slow school are n't worth it ones insurance pleading. Slam on my way to a job leaving space in front had non-functioning brake lights and collision!

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