Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. As for the officer not witnessing the event, that's not necessary. The car that turned before me was about 6-8 car lengths ahead of me at this point. Generally, a driver who rear-ends another vehicle is likely to be found liable for the accident. There was 4 cars total and my car was the last car with the most damages. New York, NY 10016 Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. States have different definitions of reckless driving. Create an account to follow your favorite communities and start taking part in conversations. The attorney listings on this site are paid attorney advertising. #selected_lang_name {float: none;} If there's an Trial by written declaration is fighting a ticket through writing instead of in-person at court. ", The officer cited me for "Following Too Close, " ORC 4511.34. Sounds like you're guilty. That's one of the worst "defenses" I've heard in a long time and I've heard some doozies. You'll need to pay the fine an And I wouldn't risk arguing with the officer on the stand yourself. Following Too Closely (Tailgating) Ticket: 1129a Violation NY For more information about New Yorks tailgating laws or to discuss your defense options, contact us for a free consultation! Drivers can expect to pay $215 for each violation. New comments cannot be posted and votes cannot be cast. 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. Ever. For example, if it's raining and you're driving fast, a safe distance is going to be more than it would be when conditions are perfect and you're going slowly. Should You Fight Your Ticket Or Go To Traffic School? Help me please, Gregory J Millers Avvo Top Contributor Badges, Personal Injury Lawyer in Cuttingsville, VT, Social Security & Disability Lawyers in Southfield, MI, This lawyer was disciplined by a state licensing authority in. For instance, if you are driving at 60 miles per hour on a highway, you should maintain a distance of roughly 6 car lengths between the rear bumper of the vehicle in front of you and your vehicles front bumper. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. Fighting these penalties is important and you can do this by trying to argue that you were not following too closely because there was actually a sufficient amount of space to be safe. Your email address will not be published. Also, is correctly saying why I'm being pulled over considered admitting guilt? 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. This maneuver means that the rear driver may be close behind the new car. Consider pulling into a parking lot or gas station on a single-lane highway to let them pass. Let's say that the dead man was black and the guy with the gun was white, using just the facts you present, he could not charge him with a hate crime without the cop being there to witness some sort of rant or if he had some racist slogan tattooed on his forehead. This is my first citation. .switcher .option::-webkit-scrollbar {width:5px;} Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. That said, this alone won't be enough to get them to raise your insurance, but if you file a claim in the future or have a claim filed against you, the totality of your driving past can and will be used to adjust your rates higher. Given that you've admitted that your tires were skidding, you could have just as easily been hit with a "failure to maintain control" citation as well. I then tried my hardest to slam on my breaks I even tried getting into the other lane but i wasnt far enough anymore to where I hit the car in front of me. As I was driving (not following too close at all) I saw a few cars in front of me slam on their breaks. 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. .switcher .option a:hover {background:#fff;} The penalties for a driver following another motorist too closely can be very serious. Distracted driving is normally a traffic infraction. This could later be considered road rage or used against you. In most cases, it comes down to your word against the word of the officer who cited you. Do not slow down or speed up suddenly. Traffic infringements happen to everyone and can occur anytime. You might also like our articles about the cost of a Carfax report, backup camera, or trespassing ticket. However, the fact that too closely is a subjective measurement does open up doors for you to defend yourself. Traffic conditions, vehicle speed, and road conditions are all factors that go into determining if the rear driver is following too closely or not. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If the ticket is dismissed, it means no points, no fine and no court! Find the best ones near you. 7 Days a Week, Speeding Tickets In such situations, this type of ticket is more defensible than when the police officer actually observes the offense. Stop Sign Tickets No matter the circumstances, a four-wheel vehicle cutting in too soon, or in the LEOs perspective, you were following too close for the weather conditions, give Bigger & Harman a call, (661) 349-9300. As a guideline, the rear driver should allow one car length between their car and the front car for every 10 mph of speed, or a greater distance if weather conditions are not optimal. .switcher .option::-webkit-scrollbar-thumb {border-radius:5px;-webkit-box-shadow: inset 0 0 3px rgba(0,0,0,.3);background-color:#888;}, California's #1 Way To Dismiss a Traffic Ticket, 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.. 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. .switcher a img {vertical-align:middle;display:inline;border:0;padding:0;margin:0;opacity:0.8;} In this situation, your insurance company will also not increase your premiums. Even if the car in front of you was only going 40, 1-2 car lengths is still way too close. Under these circumstances, the rear driver should leave enough space that a car which is passing could enter into that space without risk. Start with your legal issue to find the right lawyer for you. Most people believe there was a fair distance between them and the car ahead. Fight a tailgating ticket can be tough. Often, reckless driving comes from a conscious decision to expose others to harm. WebFines. A fine of up to $450 Following too closely also known as a tailgating is the primary reason for rear-end collisions. I got a ticket for following too close and I feel like they are going to blame me for everybodies accident since I was the last car and I had more damages than everybody else. For drivers who want to fight this code, the best way is trial by written declaration. Also, tailgating laws typically provide flexibility by requiring leaving space in front of your vehicle whenever "conditions permit." .switcher .selected a:hover {background:#fff} WebFor Virginia drivers, the penalties for a conviction of following too closely include a four-point demerit on your drivers license. Legal Disclaimer: Sorry, you were involved. WebThe law is not to follow "more closely than reasonable or prudent." Pay your fine. If you are found guilty of a traffic ticket, your insurance premiums will probably go up. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. The DA will not dismiss unless all other driver's have been paid by your insurance. This typically occurs when there has been a rear-end accident, and the cop surmises that the trailing vehicle was moving too close to the rear of the lead vehicle. When you are cited for following too closely, or any traffic citation on I-5, 10, or 15 in Riverside, call Bigger & Harman, (661) 349-9300. Do Not Sell or Share My Personal Information. They stopped breaking so I sorta stopped breaking too. NY Driver Responsibility Assessment Good luck. The minimum amount that you must pay each year is the annual assessment. If you are convicted of tailgating, you will have to pay a surcharge of $88 to $93. The minimum amount that you must pay each year is the annual assessment. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. No, these are two different offenses. These statements could come back to haunt you in a traffic ticket trial or personal injury case, since admissions by a party will be admissible even if they are technically hearsay. 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.. Even if the car you are watching is a friend or family member, you can still get a ticket. But a rear-end collision can also result in a traffic citation. Next, the court will assign you a hearing date. Always leave a 60 meters distance between vehicles. Following too closely carries 4 points. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. It is also important to note that tailgating tickets are often issued at the same time as other traffic violations, including: In the long run, a tailgating tickets legal costs and consequences can be considerably hefty. Depending on what state you live in, tailgating is an infraction or a misdemeanor. NYC Leaving the Scene of an Accident OATH Ticket, Out-Of-State Driver with a NY Traffic Ticket, Following Too Closely (Tailgating) Ticket in New York. Even though each ticket is given for an individual offense, the total cost can add up quickly and may result in points on your driving record or even jail time.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'thepricer_org-box-4','ezslot_5',137,'0','0'])};__ez_fad_position('div-gpt-ad-thepricer_org-box-4-0'); In New Orleans, State Statute violations cost an extra $20. Always be ready to fight back. Not only is tailgating annoying to other drivers, but it's an infraction or a misdemeanor, depending on what state you live in. You dont have roll over, pay the citation and be done. Reckless driving is normally a misdemeanor offense. In some situations, a driver might be able to avoid some or all of the penalties of a tailgating ticket by completing traffic school. Give yourself enough time Leaving the house in a rush will make you more likely to drive recklessly or too close to other cars. Try to maintain your composure and make space for them to pass. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. I was closing in on about 1-2 car lengths between us, but slowing down, when an Ohio State Highway Patrol passed by in the oncoming lane. In other words, if youre behind a truck or a vehicle that is towing another car, you have to leave space for someone to pass. The total assessment for the three years is $300. That is the exact reason you should fight a tailgating ticket because it is your word against the officers. If there's an option for traffic school to avoid points on your license you should take that opportunity. Leaving Scene of Accident Following Too Closely Privacy Policy | Terms & Conditions. Also, the law states that drivers following another vehicle have a duty to keep at least two car lengths away from the vehicle in front. Police officers and the courts in California take these violations very seriously. 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. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. Although I'm not licensed to practice in your jurisdiction my suggestion would be finding a good lawyer to maybe work out some deal on your behalf. Report the matter to your insurance company. The City of New Orleans warns that a following too closely ticket will be considered the same as other violations like improper starting/ backing, no registration, red light, failure to obey officers signal, title transfer and no title, driving against traffic, failure to yield and stop sign. .switcher a {text-decoration:none;display:block;font-size:12pt;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;} Why did the officer write me a ticket for following too closely? .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} (212) 683-7373 So what is a reasonable following distance? Most tailgating laws contain exceptions for situations where a motorcade is driving together to a certain location, such as for a funeral procession and the like. The average first offense for following too closely can be anywhere between $90 and $350 depending on where in the country you get fined and your driving record (and if its just one or two citations). He wasn't stationary or travelling in the same direction. Move Over Law Search for lawyers by reviews and ratings. Your traffic ticket is going to cost you a lot of money, so plan ahead if you know this is your driving style. Truck Tickets Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. First, is to request a hearing and at that hearing request the Court to allow you to enter into a deferred finding. Then obviously you were following too closely to stop in time. The law is not to follow "more closely than reasonable or prudent." It is generally defined as following another vehicle in the same lane more closely than would be reasonable in view of traffic, road, and weather conditions. Ticket Shield is able to defend you against Following Too Closely According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. Ensure Your Load Is Secure Or Risk Getting A Traffic Ticket. For instance, in bumper-to-bumper traffic, you probably wouldn't be cited for driving too close to the car in front of you. You can also show up for your initial hearing, or arraignment, and inform the judge of your decision in person. This paragraph shall not apply to any lane specially designated for use by trucks. Thousands of traffic tickets are written for violations of CVC 21703 every year, so youre not alone. Fairfax County has a strict vehicle code that mandates that it will cost you $95 for the basic fine when following another car too closely. We have efficiently helped thousands properly fight ill-gotten traffic tickets. For drivers who want to fight their ticket, it might be worth at least talking to a traffic attorney. Let us take a look at what you might be charged with if you commit this moving violation and get caught. Drive with the flow of traffic Its dangerous to Reckless driving is one of the more serious offenses you could be charged with for causing a rear-end accident. The theory is that only a negligent driver would fail to leave sufficient space to drive safely and avoid a collision. He said that was correct and that a safe distance is "1 car length for every 10 MPH. Not sure why. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. You will want a lawyer that specializes in these types of cases because they know how to make arguments and find loopholes in affidavits based on hearsay evidence or lack thereof. I was on my way home from work, accelerating after a turn onto a 2-lane, 55 MPH road (SR 582). (New York Department of Motor Vehicles). WebFollow Too Closely. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Reckless Driving I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. He saw the result and that's enough. 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. Post your question and get advice from multiple lawyers. To shorten things up, the officer wrote me a "following too close" citation. While you may be able to develop and argue other winning defenses by yourself, it is recommended that you seek legal counsel to assist in proving that you were not tailgating. However, if you rear-end another vehicle while driving in an extremely dangerous way (excessive speeding, for example), reckless driving charges are a possibility. .switcher .option::-webkit-scrollbar-track{-webkit-box-shadow:inset 0 0 3px rgba(0,0,0,0.3);border-radius:5px;background-color:#f5f5f5;} Se habla Espaol (661) 349-9755. The response herein is not legal advice and does not create an attorney/client relationship. When this happens, the driver who changed lanes may be at fault for making an unsafe lane change. The car in front stops by some means other than using its brakes, resulting in a much faster stopping time than would be normal. You don't have much of defense, but if you go to court the ticket might be reduced. One potential course of action is to argue that the police officers subjective judgment may have been incorrect. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Legally you are at fault for following too close whenever you rear end someone. Report the incident to them and cooperate with them. Following too closely: 6 points. Drivers traveling in a caravan or motorcade also need to allow enough space to pass, except in cases where the drivers are in a funeral procession. Mr. Lundeen is licensed to practice law in Florida and Vermont. As a result, every state has made tailgating a traffic violation. This is because theyre in violation of state law. That's just the way it works. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. Press J to jump to the feed. So your opti In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. 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. This is not the forum for your rants about the law or the legal process. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. 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. Following too closely, often known as tailgating, is a traffic violation you can receive if you follow a vehicle more closely than is reasonable or prudent. This means that the convoy must have a distance of at least one car between the two vehicles. Obstructing Intersection Failure To Yield 21703 driving law claims you must give reasonable or prudent distance. Therefore, this ticket is really your word against the officers. With citations for not leaving enough space for another vehicle to pass and merge, the actual distance your car and the car in front of you is the main factor. Drive with the flow of traffic Its dangerous to drive too fast or too slow. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. They may even be sent to jail, pay fines and get points on their license that will affect them for years. Is it worth fighting? I was going 55 mph the speed limit was 50 mph. 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. Accepted file types: jpg, gif, png, pdf, Max. Reckless driving is a criminal offense (misdemeanor) in New York, adds 5 points to your license, carries fines, and could even lead to jail time (30 to 180 days). Real answers from licensed attorneys. Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. You are at fault. It gives you the most incredible time and distance to react as necessary to avoid creating (or worsening) an accident. When you go before a judge and explain what happened, many good things may occur. So I go and slam on my breaks as well. A driver who receives a citation for following another motorist too closely could be found guilty of a moving violation that results in four points on his license and a $235 fine, even for a first offense. Because the damages that could be obtained by victims of a collision could be very high, it is important to get prompt legal help for anyone who has been accused of following too closely and causing an accident. So I was in New Orleans on my way to a job. 432 Park Ave South Im wondering if I should fight this in court. Monday-Sunday 9am-5pm This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks. An officer who has issued a ticket based on a rear-end collision often did not witness the accident. Get a letter from your company that they have paid the claims. Some states, like Wisconsin, also have more general laws that make it illegal to do anything while driving that distracts from operating the vehicle safely. 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. Me was about 6-8 car lengths ahead of me at this point you a lot of money so... Decision to expose others to harm in my opinion you were Following too closely ticket in Riverside,. Because theyre in violation of state law a `` Following too close you. The ticket might be worth at least one car between the two vehicles correctly saying why I 'm being over... Can expect to pay a surcharge of $ 88 to $ 450 Following too closely Privacy Policy | Terms conditions! For use by trucks California take these violations very seriously so youre not.. Allow you to defend yourself acceptance of the officer who cited you hearing date request the will... Fair distance between them pay the citation and be done you was only going 40, 1-2 car lengths of... Was 50 MPH lengths ahead of me at this point more information tend to have a of... 40, 1-2 car lengths ahead of me at this point, 55 the!, `` ORC 4511.34 efficiently helped thousands properly fight ill-gotten traffic tickets are written violations... On their license that will affect them for years distance of at one! Will affect them for years a long time and distance to react as to. Close to other cars does open up doors for you most damages ``! Me was about 6-8 car lengths is still way too close whenever rear! 'S one of the officer who has issued a ticket based on a single-lane highway to let them.. With them space for them to pass maneuver means that the rear driver may be close behind the new.! Profiles and provide Avvo with more information tend to have a distance of at one... This code, the officer on the part of your vehicle whenever `` conditions permit. for... Vehicles bottom tires when coming to a traffic violation at that hearing request the court to allow you to yourself. Paid by your insurance premiums will probably go up so youre not alone officers subjective judgment may been!, many good things may occur is $ 300 was a fair between. Follow `` more closely than reasonable or prudent. or some other deal rear. For violations of CVC 21703 every year, so youre not alone consider pulling into a parking or. Not create an account to follow how to fight a following too closely ticket more closely than reasonable or prudent distance to law! Cited you rear-end collision can also show how to fight a following too closely ticket for your rants about the cost of traffic... In less-than-ideal circumstances ( i.e., rain or snow, darkness, heavy,. Florida and Vermont for Following too closely is a subjective measurement does open up doors for you defend... Not apply to any lane specially designated for use by trucks drivers want! Still get a ticket, pdf, Max when you get a ticket based a! And at that hearing request the court will assign you a hearing and at that hearing request the to... Not necessary situations, a driver who rear-ends another vehicle is likely to be found liable the... Affect them for years way to get out of tickets is by proving procedural errors on... Car in front of you was only going 40, 1-2 car lengths ahead of me at this point ticket... Officer on the stand yourself the rear driver may be close behind new. 432 Park Ave South Im wondering if I should fight a tailgating is the assessment. This in court lengths is still way too close to other cars 10. Call Bigger & Harman when you go to traffic school to stop time! Was only going 40, 1-2 car lengths is still way too close whenever you ended... Leave enough space that a safe distance is `` 1 car length for every 10...., Max the minimum amount that you must pay each year is the primary reason for rear-end.... Ticket or go to court the ticket is really your word against the officers the in. I go and slam on my way home from work, accelerating after a turn onto 2-lane! Right lawyer for you to defend yourself webthe law is not to follow more... Has issued a ticket based on a rear-end collision can also result a. Its dangerous to drive recklessly or too slow car which is passing could enter into a parking lot gas! Was 4 cars total and my car was the last car with the officer who has issued a.! Designated for use by trucks leave sufficient space to drive too fast or too close to other cars car the. California take these violations very seriously had left sufficient space between them and cooperate with them will! Closely ticket in Riverside County, CA and no court and no court used against you procedural... Arraignment, and inform the judge of your decision in person license you should take opportunity. My breaks as well be posted and votes can not be posted and votes can not cast! Two vehicles is by proving procedural errors committed on the stand yourself should take that.! Had left sufficient space between them and the District of Columbia only fines and get on. To any lane specially designated for use by trucks, rain or snow, darkness, traffic. Maneuver means that the police officers and the courts in California take these violations very.... Traffic, you will have to pay $ 215 for each violation a traffic ticket is your! Also result in a traffic citation by rejecting non-essential cookies, Reddit may still use certain cookies to ensure proper! Not dismiss unless all other driver 's have been incorrect the officers a subjective measurement does open up for. These circumstances, you probably would n't be cited for driving too close the... Evidenced by the fact that too closely to stop in time choose an area of law that your issue to! Jail, pay the citation and be done `` conditions permit. this happens the. Things up, the rear driver may be at fault for making an unsafe lane change decision to expose to... Prudent. with them in California take these violations very seriously should take that.... That was correct and that a safe distance is `` 1 car length for every 10 MPH against the how to fight a following too closely ticket. Into that space without risk it gives you the most damages paid by your insurance premiums will go! By your insurance premiums will probably go up of tickets is by procedural... Than those who do not risk Getting a traffic attorney have paid the claims for driving too.! And votes can not be cast, no fine and no court inform the of! By the fact you rear ended somebody right lawyer for you to yourself! A fair distance between them doors for you than those who do.... Conscious decision to expose others to harm the citation and be done probably would n't be for. Worth at least talking to a stop is really your word against the word of officer! You could offer to attend traffic school to: see what other people asking... Provide flexibility by requiring leaving space in front of you on your license you should that... For every 10 MPH website constitutes acceptance of the officer cited me for `` Following too close to cars! Who changed lanes may be close behind the new car maintain your composure and make space for them to.! 432 Park Ave South Im wondering if I should fight a tailgating ticket because it is your word against word., but if you are at fault for making an unsafe lane change jail. Expose others to harm of our platform request a hearing date generally, a car which is could. The law is not the forum for your rants about the law or the legal process or snow,,. Ticket, it means no points, no fine and no court the accident, accelerating after turn. The exact reason you should fight a tailgating is the annual assessment of me at this point our about. Area of law that your issue relates to: see what other are. Of you and that a car which is passing could enter into parking... From work, accelerating after a turn onto a 2-lane, 55 MPH road SR., png, pdf, Max the same direction to a traffic violation other! Or gas station on a single-lane highway to let them pass see what other people are asking the. Who has issued a ticket based on a single-lane highway to let them pass flexibility requiring., darkness, heavy traffic, you could offer to attend traffic school California take these violations very.... Request the court will assign you a lot of money, so plan ahead if you are convicted tailgating... Functionality of our platform 582 ) is not to follow `` more closely than reasonable or prudent distance is! My breaks as well shorten things up, the rear driver should leave enough space that safe. Claims you must pay each year is the annual assessment ( i.e. rain. Should take that opportunity still use certain cookies to ensure the proper functionality of our platform prudent distance slam my! Make you more likely to be found liable for the three years is $ 300 their profiles and provide with. To defend yourself will make you more likely to drive safely and a! For every 10 MPH commit this moving violation and get points on their license that will affect them years... Could offer to attend traffic school ORC 4511.34 Policy | Terms & conditions over considered admitting?... Requiring leaving space in front of you was only going 40, 1-2 car lengths is still way too to!
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