Traffic infringements happen to everyone and can occur anytime. 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. If this information has been helpful, please indicate below. Remember that your drivers license may be suspended if you get 11 points in 18 months. Truck Tickets But some states make distracted driving a misdemeanor when the violation involved a collision. After he passed, I saw him hit his brakes, turn around, and realized why I was being pulled over. 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. Good luck. 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. The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." After a few seconds of them not breaking they slammed on their breaks again causing them to hit one another. 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. WebFines. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. In some situations, a driver might be able to avoid some or all of the penalties of a tailgating ticket by completing traffic school. In such situations, this type of ticket is more defensible than when the police officer actually observes the offense. 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. New York Vehicle and Traffic Code Section 1129 establishes strict rules that prohibit one car from following too closely behind another vehicle. 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. 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. ExpertLaw.com has put together an easy guide with steps one can take when fighting this type of violation. Even if you are concerned that you may have been at fault, or if you feel sorry for anyone involved in the accident, you should not discuss fault or apologize to the officer or anyone else at the scene. Create an account to follow your favorite communities and start taking part in conversations. When you go before a judge and explain what happened, many good things may occur. So just sign up on ticketbust.com, upload your traffic ticket information and answer a few questions. The officer asked if I knew why I was being pulled over. 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.). For instance, in bumper-to-bumper traffic, you probably wouldn't be cited for driving too close to the car in front of you. The one car length for every 10 mph is just a rule of thumb and is not the law. , your insurance company can legally raise your monthly rate for the following reasons: Speeding more than 16+ mph over the limit, Speeding or reckless driving resulting in injury or death. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. WebThe law is not to follow "more closely than reasonable or prudent." I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. The response is in the form of legal education and is intended to provide general information about the matter within the question. Your traffic ticket is going to cost you a lot of money, so plan ahead if you know this is your driving style. They may even be sent to jail, pay fines and get points on their license that will affect them for years. Accepted file types: jpg, gif, png, pdf, Max. If so, what should I include (or not include) in a defense? Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. However, it makes no mention of my speed nor the speed of the car in front of me. When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. This paragraph shall not apply to any lane specially designated for use by trucks. 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. It is important to keep a safe distance from the car in front of you as you do not know what they made do such as brake suddenly. Following Too Closely: How to Fight a Ticket for Following Too Closely. Consider pulling into a parking lot or gas station on a single-lane highway to let them pass. Of course, most people know this as "tailgating." A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. As a result, every state has made tailgating a traffic violation. Suspension Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. No, these are two different offenses. The argument here is that had the car in front's brake lights been working, they would have provided enough additional warning for the resulting collision to have been avoided. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could Fail to Pay or Lost NY Ticket. Se Habla Espaol 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. Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. Does Running A Red Light Affect Insurance? A fine of up to $450 In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. New comments cannot be posted and votes cannot be cast. The odds are in your favor when you work with NY Traffic Firm. First, is to request a hearing and at that hearing request the Court to allow you to enter into a deferred finding. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. I Following Too Closely 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. He saw the result and that's enough. Even if the car you are watching is a friend or family member, you can still get a ticket. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. Following too closely: 6 points. 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 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. 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. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. Definitions vary, but you can typically be cited for tailgating for: Of course, crashing into the back of another vehicle is often an indication that you were following it more closely than you should have been. .switcher .selected {background:#fff linear-gradient(180deg, #efefef 0%, #fff 70%);position:relative;z-index:9999;} Avvo has 97% of all lawyers in the US. An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. Reckless Driving This could later be considered road rage or used against you. This violation carries 4 points on your drivers license as well as a fine and surcharge. (, Surcharge & Driver Responsibility Assessment. 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. 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. Otherwise it's up to you. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. The benefits of a successful outcome are plentiful: no points, no fines and no need to appear in court. Outside a municipal corporation, the driver of any truck, or motor vehicle when drawing another vehicle, while ascending to the crest of a grade beyond which the driver's view of a roadway is obstructed, shall not follow within three hundred feet of another truck, or motor vehicle drawing another vehicle. It could be the officer had a bad vantage point and believed you were too close. Pretty much the only way to do that is to be following too closely. You violated this law. That doesn't mean you just have to pay the ticket however. The attorney listings on this site are paid attorney advertising. Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. The Woodland area, call Bigger & Harman at ( 661 ) 349-9300 by 31-40 mph is just a of. Too closely am mostly worried about insurance increases considering I 'm an 18 old! At, for instance, 60 mph, is to prevent head-on accidents that could Fail pay! 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