Attorneys with experience handling these types of cases will likely have the best idea of how best to handle a given situation. Basically, what happened here is that the officer gave you a ticket for the lowest-level infraction that was possible in the scenario. Unfortunately, the reason for the following too close will not get your ticket dismissed. We were on the interstate. Additionally, having reviewed your previous posts, you need to restrict yourself to providing proper legal advice. 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. 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. Ever. 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. 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. In most cases, it comes down to your word against the word of the officer who cited you. Obviously that's a more serious example, but the principal behind it is identical. State laws may presume that the rear driver was at fault in these cases because they were following too closely, but this is not always true. For drivers who want to fight this code, the best way is trial by written declaration. The minimum amount that you must pay each year is the annual assessment. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. WebFor Virginia drivers, the penalties for a conviction of following too closely include a four-point demerit on your drivers license. We not only fight your ticket but we also have the best customer service and track record in the business. 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. You don't use that language here. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. 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. In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. Fight a tailgating ticket can be tough. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. Do Not Sell or Share My Personal Information. Our legal team has a high success rate with more than 10,000 dismissals of all types of traffic tickets in the State of California since 2008. Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. Which is not to say you can't fight it if you want. 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. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. Over-eager traffic enforcement intermingles with errors every day. This means you will be assessed one point on your driving record if you are cited for tailgating in Barstow. That's just the way it works. You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Weiss & Associates, PC All Rights Reserved | Attorney Advertising. $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. Leaving Scene of Accident Disciplinary information may not be comprehensive, or updated. This shows he was unaware of how fast we were travelling. Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. 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. Often, reckless driving comes from a conscious decision to expose others to harm. 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. Should you choose to fight the following too closely ticket in court (more on how to do that later), you could end up having the charges dismissed. Drivers can expect to pay $215 for each violation. 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. Unsafe lane movement: 4 points. WebBoth types of following too closely have the purpose of preventing accidents. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. Drive with the flow of traffic Its dangerous to You may also need to keep the driver responsibility assessment in mind. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. Keep at Ticket Shield is able to defend you against Following Too Closely WebFollow Too Closely. Learn more about getting your ticket dismissed through trial by written declaration. However, it probably isn't common for a driver to actually receive time in jail for this type of ticket. WebThe cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." Is tailgating considered reckless driving? First, is to request a hearing and at that hearing request the Court to allow you to enter into a deferred finding. 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. Unfortunately, the reason for the following too close will not get your ticket dismissed. Basically, you have two options to keep this off your rec This violation carries 4 points on your drivers license as well as a fine and surcharge. Several vehicles in front of me slammed on their brakes while approaching a cruiser parked in the median. 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. All states have laws that prohibit drivers from following another vehicle too closely. The benefits of a successful outcome are plentiful: no points, no fines and no need to appear in court. 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 A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. Next, the court will assign you a hearing date. 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. 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. it is your insurance company which will defend and indemnify you. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. Ensure Your Load Is Secure Or Risk Getting A Traffic Ticket. Failure to yield to an emergency vehicle: 8 points. As a result, every state has made tailgating a traffic violation. California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. 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." Pay your fine. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. I was going 55 mph the speed limit was 50 mph. However, the fact that too closely is a subjective measurement does open up doors for you to defend yourself. #selected_lang_name {float: none;} Post a free question on our public forum. 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. WebYour lawyer will fight to protect you from consequences such as a 4-point addition to your driving record, fines and increased insurance premiums. So lets discuss how to beat a following too closely ticket in California. NY Driver Responsibility Assessment When you go before a judge and explain what happened, many good things may occur. While most tickets add 2 or 3 points, tailgating tickets add 4 points to your license, so you know law enforcers take it very seriously. It appears you forgot to include your location in the title or body of your post. Trial by written declaration is fighting a ticket through writing instead of in-person at court. .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.. This violation often arises in the aftermath of a rear-end collision. Search for lawyers by reviews and ratings. The response is in the form of legal education and is intended to provide general information about the matter within the question. Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. The car in front had non-functioning brake lights and the collision was minor. If so, what should I include (or not include) in a defense? In some states, the information on this website may be considered a lawyer referral service. I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. 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.
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