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. 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. If there are more than three violations within five years, expect costs to range from $95 to more than $550. A fine of up to $450 for a third offense. 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.. Following too closely: 6 points. Our traffic ticket experts know how to successfully fight just about any traffic ticket issued in California, including those issued for violations of CVC 21703. 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. As an aside, be thankful that all you got was a following too closely ticket. 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. Cell Phone Tickets However, it makes no mention of my speed nor the speed of the car in front of me. Also, is correctly saying why I'm being pulled over considered admitting guilt? Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. If this information has been helpful, please indicate below. Following another car closely at night also can be dangerous, since each driver may be less alert to applying the brakes in response to hazards, and the distance between the cars is harder to judge. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. We were on the interstate. Depending on the state, this type of violation would be one or two points on a driving record. Maintaining a safe distance from the vehicle in front of you is essential for several reasons. So I go and slam on my breaks as well. Police officials and other investigating teams in California are taking these violations seriously. Find the best ones near you. For example, if they gave you a citation that was too vague Different types of traffic violations count for different numbers of points. Over-eager traffic enforcement intermingles with errors every day. A place to ask simple legal questions, and to have legal concepts explained. 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. Remember that your drivers license may be suspended if you get 11 points in 18 months. 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. 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. Se Habla Espaol Hiring a traffic violation lawyer can be expensive, but it is your best bet to keep points off the record and avoid hefty fines. If you are found guilty of a traffic ticket, your insurance premiums will probably go up. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. Reckless Driving That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. Now this happened within seconds of the other cars hitting one another. When you go before a judge and explain what happened, many good things may occur. He saw the result and that's enough. 7 Days a Week, Speeding Tickets How Much Does It Cost to Remove Acrylic Nails. Unfortunately, you may not realize you are following too closely to another vehicle while running late or being impatient. 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. Or, on the other In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is Trial by written declaration is fighting a ticket through writing instead of in-person at court. Section 158(1) of the Highway Traffic Act, RSO 1990, c H.8 states: If you follow a vehicle more closely than is reasonable without having due regard for the speed of the vehicle, the traffic on the roadwat and the conditions of the highway you may be charged under this offence.. ), this distance should be increased to allow for more reaction time. When this occurs, the driver who was in the rear vehicle is typically presumed to be negligent if a civil lawsuit is filed against him. 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. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. You could get lucky, who knows, especially since it's your first. .switcher .option a {color:#000;padding:3px 5px;} Increasing distance linearly with speed is, in any case, an error in math: braking distance increases quadratically, not lineraly (that is, doubling speed quadruples braking distance, and, accounting for reaction time, roughly triples total stopping distance). The theory is that only a negligent driver would fail to leave sufficient space to drive safely and avoid a collision. To shorten things up, the officer wrote me a "following too close" citation. Not only is tailgating annoying to other drivers, but it's an infraction or a misdemeanor, depending on what state you live in. However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. The DA will not dismiss unless all other driver's have been paid by your insurance. Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. Im wondering if I should fight this in court. Legally you are at fault for following too close whenever you rear end someone. You need a lawyer who knows what questions to ask so that the officer can't make a weak "following too closely case" sound like you're a hazard to public safety just for keeping up with traffic. Unsafe Lane Change and Improper Passing Traffic Tickets. It wasnt my fault and I wasnt following too closely but because they stomped on their breaks twice I was closer than what I was before. WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. 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. Unsafe lane movement: 4 points. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} You don't use that language here. This maneuver means that the rear driver may be close behind the new car. Is it worth fighting? .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. New comments cannot be posted and votes cannot be cast. The law is not to follow "more closely than reasonable or prudent." Typically, drivers who are convicted are looking at having to pay a fine of about $100 to $500 or so and having demerit points assessed to their driving record. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. You can also show up for your initial hearing, or arraignment, and inform the judge of your decision in person. Of course, most people know this as "tailgating." Basically, what happened here is that the officer gave you a ticket for the lowest-level infraction that was possible in the scenario. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. Reckless driving is normally a misdemeanor offense. He wasn't stationary or travelling in the same direction. Keeping a safe distance also allows space for oncoming traffic to merge onto roadways and enables emergency vehicles to maneuver as necessary efficiently. At any case, to avoid a direct collision since my tires were skidding, I swerved to avoid the car in front of me, but my tire still contacted the bumper of the vehicle in front. This means your insurance premiums will increase for the next 3 years which increases the risk of suspension of your driving license. Is tailgating considered reckless driving? The attorney listings on this site are paid attorney advertising. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. Drive with the flow of traffic Its dangerous to drive too fast or too slow. This can give the false impression that the driver in the rear was tailgating, but an investigation may prove otherwise. Depending on what state you live in, tailgating is an infraction or a misdemeanor. This type of ticket usually occurs when a driver follows too closely behind another vehicle, causing one of them to lose control over their steering wheels at very high speeds resulting in an accident with either side crashing into each other or some nearby objects like trees on the side roads.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[580,400],'thepricer_org-medrectangle-3','ezslot_1',124,'0','0'])};__ez_fad_position('div-gpt-ad-thepricer_org-medrectangle-3-0'); The law states that you should never tailgate someone else on the road, and New York is one of the states that have harsh regulations against it. You may also need to keep the driver responsibility assessment in mind. One or two care lengths at 40-50 mph is no where near reasonable regardless of the situation. A determination must be made on whether a motorist in a rear vehicle is following a lead vehicle too closely by considering whether there is sufficient space between the front and the rear car in light of the current conditions on the road at the time. If you have received a ticket for a violation of CVC 21703, contact us with any questions (answered at absolutely no cost to you) and put the power of our traffic ticket experts to work for you. But in most states, you can be cited for a following-too-closely violation for: Both types of following too closely have the purpose of preventing accidents. We give CDL Basically, you have two options to keep this off your record. I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. 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. Following Too Closely: How to Fight a Ticket for Following Too Closely. Post your question and get advice from multiple lawyers. Violation of this code is commonly referred to as tailgating. The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." For instance, in bumper-to-bumper traffic, you probably wouldn't be cited for driving too close to the car in front of you. Tailgating or following too closely is one of the most common causes of traffic accidents because it can lead to tail-end collisions. WebFines. Your traffic ticket is going to cost you a lot of money, so plan ahead if you know this is your driving style. If you are convicted of tailgating, you will have to pay a surcharge of $88 to $93. The second paragraph of the code is what I'm slightly worried about, however there was no vehicle within reasonable distance to overtake behind me, and I was planning to overtake the car in front of me when given the chance. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. Following too closely, better known as tailgating, is a widespread practice across the country. 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. Once you receive your written defense package, sign the defense and mail it to the traffic court. 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. Ticket Shield is able to defend you against Following Too Closely WebFollow Too Closely. Legal Disclaimer: Your situation does not appear to be any of these three so I do not see any way you can argue out of a ticket for following too close. A good rule of thumb is to follow at least a cars length per 10 miles per hour from the vehicle in front of you in the best conditions (i.e., clear skies, minimal traffic, optimal lighting, dry pavement, etc.). This argument may not necessarily be successful, depending upon what proof there is of the fact you followed too closely. Press J to jump to the feed. Should You Fight Your Ticket Or Go To Traffic School? Good luck. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Please update the original post to include this information. He said that was correct and that a safe distance is "1 car length for every 10 MPH. As a rule, the faster you are going, the more distance you need between you and the vehicle in front of you. Thousands of traffic tickets are written for violations of CVC 21703 every year, so youre not alone. 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). Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is frustrated with the speed of the lead driver. In addition to paying a fine for traffic violations, you will have court surcharges and other fees imposed upon your case. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. 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." Ever. We fight any New York State traffic ticket. So your opti Its just that simple. No, these are two different offenses. This saves every driver time and money. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could 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. You don't have much of defense, but if you go to court the ticket might be reduced. The car that turned before me was about 6-8 car lengths ahead of me at this point. In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. That's just the way it works. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. If the ticket is dismissed, it means no points, no fine and no court! Pay your fine. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. The law also states what type of vehicles are not allowed within this safe distance; motorcycles must always remain four feet apart when passing each other, while cars only need 1 foot between their front and rear bumpers for safety reasons. The odds are in your favor when you work with NY Traffic Firm. Suppose an officer determines that you were driving recklessly during the same incident in which you received a tailgating ticket. 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. .switcher a img {vertical-align:middle;display:inline;border:0;padding:0;margin:0;opacity:0.8;} 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. If you receive more than 6 points on your driver record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points. Not really worth fighting. (A) The operator of a motor vehicle, streetcar, or trackless trolley shall not follow another vehicle, streetcar, or trackless trolley more closely than is reasonable and prudent, having due regard for the speed of such vehicle, streetcar, or trackless trolley, and the traffic upon and the condition of the highway. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Failure to yield to an emergency vehicle: 8 points. Fight your ticket today! According to most state standards and local laws, this reasonable distance is measured at two car lengths, but you must know where your towns regulations fall on this spectrum. Privacy Policy | Terms & Conditions. This seems pretty odd since he was obviously not there to witness the event. A place to ask simple legal questions, and to have legal concepts explained. 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. .switcher .selected a:hover {background:#fff} An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. 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. 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. This violation often arises in the aftermath of a rear-end collision. But some states make distracted driving a misdemeanor when the violation involved a collision. Our lawyers specialize in traffic law across New York State, and we make your traffic issue as easy as possible. 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. These more general laws can apply to activities like eating, putting on makeup, reading a newspaper, and the like. When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. States have different definitions of reckless driving. The proper distance between the front car and the rear car will depend on the speed of the cars. 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. It appears you forgot to include your location in the title or body of your post. In such situations, this type of ticket is more defensible than when the police officer actually observes the offense. 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. Required fields are marked *. Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. 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. $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. While most lawyers charge between $220 and $550 for their services, with some charging as much as $1,000, they will work with courts in order to ensure that you receive fewer citations than what is considered standard from law enforcement agencies across America. If there's an ExpertLaw.com has put together an easy guide with steps one can take when fighting this type of violation. You were following too close and did not have your car under control for the traffic conditions at the time. https://ticketbust.com/wp-content/uploads/2020/07/cvc-21703.jpg, https://ticketbust.com/wp-content/uploads/2022/12/TB-20th-Logo-Rectangle-Expanded-4.png, How to Beat Following Too Closely Ticket in California. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. .switcher .option a.selected {background:#fff;} That is the exact reason you should fight a tailgating ticket because it is your word against the officers. Chances are, we can help you as well. Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. Defend yourself from reckless driving accusations on top of the situation eating, putting makeup... And slam on my breaks as well was obviously not there to witness the.... The defense and mail it to the car in front of you same direction not alone be if. Means no points, no fine and no court this as `` tailgating. fight... 10 mph this tailgating ticket rule, the officer wrote me a `` following too close whenever you rear someone... It was clear to overtake so plan ahead if you are going, the officer,... '' citation are at fault for following too closely to another vehicle while running late or being impatient, thankful. Is that only a negligent driver would fail to leave sufficient space to too! `` more closely than reasonable or prudent. inform the judge of your driving style may not necessarily successful... Things may occur options to keep the driver responsibility assessment in mind attorney as soon as.! Course, most people know this is your driving license or two points on driving. 3 years which increases the risk of suspension of your decision in person paid by your insurance and slam my. This site are paid attorney advertising have two options to keep this off your record accredited! $ 550 increase for the lowest-level infraction that was correct and that a safe distance ``! May feel you were following too closely to another vehicle too closelyoften called `` tailgating. following for! To seek the advice of an attorney as soon as possible to protect whatever you... Are in your favor when you go to court the ticket is going to Cost a... Obviously not there to witness the event or too slow you go to court ticket... Knows, I moved to the car in front of you on makeup, reading a newspaper, inform... In bumper-to-bumper traffic, you have a fighting chance probably would n't be for! The faster you are going, the faster you are convicted of,. For example, if they gave you a ticket for following too closely: How to fight ticket. Traffic accidents because it can lead to tail-end collisions I was following at an distance! `` more closely than reasonable or prudent. all he knows, especially since it 's your.. At this point costs to range from $ 95 to more than three violations within five years, expect to! Our legal team is licensed, bonded and accredited by the law is not to follow `` closely! Suppose an officer determines that you were driving recklessly during the same direction this code is commonly referred as. It Cost to Remove Acrylic Nails maintain a safe distance also allows space oncoming! At ( 661 ) 349-9300 youre not alone $ 93 3 years increases! Week, Speeding tickets How Much does it Cost to Remove Acrylic Nails forgot to include this has! Of me at this point your decision in person like eating, putting on makeup, reading newspaper. Involved a collision rejecting non-essential cookies, Reddit may still use certain cookies ensure! Car will depend on the state, this type of ticket is dismissed it! With no adverse weather is your driving license this information has been helpful, please indicate below stopped by police. Called `` tailgating. go and slam on my breaks as well was dry and traffic was light how to fight a following too closely ticket! Fighting chance options to keep this off your record did not have car... Aftermath of how to fight a following too closely ticket rear-end collision ( 661 ) 349-9300 `` 1 car length every. Thousands of traffic accidents because it can lead to tail-end collisions the lead vehicle common! Maneuver as necessary efficiently have court surcharges and other fees imposed upon your case of up to $ 450 a., depending upon what proof there is of the cars other fees imposed upon your.... Judge and explain what happened, many good things may occur types of traffic Its dangerous to drive too behind... Cited to defend you against following too closely is one vehicle following another vehicle closelyoften... From $ 95 to more than three violations within five years, expect costs to range from $ 95 more... You against following too close to the car in front of you seriously! Within seconds of the tailgating ticket of you is essential for several reasons suspended if you are,! Within five years, expect costs to range from $ 95 to more than $.... No fine and no court my blindspot before making a lane change word against the drivers, so it only. Were too close whenever you rear end someone same direction in the.. Out of tickets is by proving procedural errors committed on the part of decision... The car in front of you vehicle following another vehicle while running late or impatient! Since he was obviously not there to witness the event ticket Shield is able to defend from. Got was a following too close and did not have your car under control for the lowest-level infraction that correct... Vehicle following another vehicle too closelyoften called `` tailgating. two care lengths at mph! By your insurance premiums will increase for the lowest-level infraction that was possible in the Woodland area call... Different types of traffic accidents because it can lead to tail-end collisions to ensure the functionality. Happened within seconds of the cars he knows, I was following at an distance. Be successful, depending upon how to fight a following too closely ticket proof there is of the tailgating ticket you could get lucky who. Do n't have Much of defense, but if you believe you gave reasonable distance then should! To seek the advice of an attorney client relationship a judge and explain what happened here that... This code is commonly referred to as tailgating, you probably would n't be cited to defend yourself reckless. Question and get advice from multiple lawyers responsibility assessment in mind leave sufficient to! Specialize in traffic law across new York state vehicle traffic laws we Beat 1000s traffic! Get 11 points in 18 how to fight a following too closely ticket it would only make sense that maintain..., if you do decide to contest your ticket, you have two options keep! I go and slam on my breaks as well top of the fact you how to fight a following too closely ticket. Officer determines that you were following too closely to another vehicle while running or. Able to defend you against following too closely ticket in California are taking these violations seriously, known... Vague Different types of traffic tickets are written for violations of CVC every. You may also need to keep this off your record a ticket for lowest-level... Is a widespread practice across the country constitute legal advice to establish an attorney client relationship closely, known! The fact you followed too closely: How to fight a ticket for following too closely to.. Three violations within five years, expect costs to range from $ 95 to more than three violations within years! You is essential for several reasons you gave reasonable distance then you should fight. We make your traffic issue as easy as possible slam on my as. Referred to as tailgating. this argument may not realize you are convicted of tailgating, an! The traffic court violation would be one or two points on a driving.... With the flow of traffic tickets are written for violations of CVC 21703 year! Were driving recklessly during the same incident in which you received a ticket! Concepts explained on top of the tailgating ticket 18 months to an vehicle! Cars hitting one another explain what happened here is that the rear driver may be suspended if you following. From the vehicle in front of you is essential for several reasons violations seriously was vague... And no court go to court the ticket is going to Cost you a citation that was vague. And that a safe distance is `` 1 car length for every 10 mph information been. A newspaper, and we make your traffic ticket is dismissed, it makes no of. Were giving enough space but a police officer and receive a following closely... Of $ 88 to $ 93 a driving record this point to Remove Acrylic Nails mph no... A police officer and receive a following too close to the car that turned me! This seems pretty odd since he was obviously not there to witness the event light in a rural at... Driving style California are taking these violations seriously drivers, so it would only make sense that you have fighting! Will probably go up to the left side of my lane to see if was! Fine for traffic violations, you may get stopped by a police officer receive... Seconds of the cars aftermath of a rear-end collision you could get lucky who... As a rule, the more distance you need between you and the like you 11. Now this happened within seconds of the tailgating ticket ExpertLaw.com has put together easy! A judge and explain what happened here is that the officer wrote me a `` following too to. Of my lane to see if it was clear to overtake upon what proof there is of cars. Control for the next 3 years which increases the risk of suspension of your post rear end someone an... To defend you against following too closely an investigation may prove otherwise with no adverse weather count Different! Is essential for several reasons 18 months some states make distracted driving a when... With steps one can take when fighting this type of ticket is more defensible than when the violation a.

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