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. Depending on what state you live in, tailgating is an infraction or a misdemeanor. 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. Following Too Closely This field is for validation purposes and should be left unchanged. (212) 683-7373 Avvo has 97% of all lawyers in the US. 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. Real questions about traffic tickets from people like you. Get a letter from your company that they have paid the claims. Se Habla Espaol Start with your legal issue to find the right lawyer for you. (New York Department of Motor Vehicles). 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. 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. Disobey a Red Light We have efficiently helped thousands properly fight ill-gotten traffic tickets. If you could not decelerate fast enough to avoid hitting the car in front of you, you were either driving too fast or following too close. 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. Report the matter to your insurance company. Precisely, [t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.. Notify your insurance company. A fine of up to $450 for a third 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. Take Advantage Of New Program Today, Redflex Red Light Camera Company Cant Escape Litigation, Ticket Snipers Guarantees Red Light Camera Traffic Ticket Dismissal For California Drivers | Ticket Snipers, Redflex Bribery Scandal Spreads Nationwide. It is possible that the officer not be present at the court hearing, which means your punishment for this infraction will be canceled out completely. 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). 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. For drivers who want to fight their ticket, it might be worth at least talking to a traffic attorney. 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. ), this distance should be increased to allow for more reaction time. Mr. Lundeen is licensed to practice law in Florida and Vermont. Police officials and other investigating teams in California are taking these violations seriously. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Sorry, you were involved. 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. .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} Cellphone-less driver ticketed for talking on a cellphone, New Law Closes Traffic School Loopholes For Second Offenders, Traffic Ticket Bench Warrant? No one is immune to ever-changing traffic laws. New comments cannot be posted and votes cannot be cast. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. Why did the officer write me a ticket for following too closely? Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Nothing in these communications creates an attorney client relationship as each state that I am admitted has specific requirements for the establishment of an attorney client relationship. But some states make distracted driving a misdemeanor when the violation involved a collision. .switcher .option {position:relative;z-index:9998;border-left:1px solid #ccc;border-right:1px solid #ccc;border-bottom:1px solid #ccc;background-color:#eee;display:none;width:171px;max-height:198px;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;overflow-y:auto;overflow-x:hidden;} Better understand your legal issue by reading guides written by real lawyers. Different types of traffic violations count for different numbers of points. These more general laws can apply to activities like eating, putting on makeup, reading a newspaper, and the like. 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. Remember that your drivers license may be suspended if you get 11 points in 18 months. 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. answers to questions are for general purposes only and do not establish an attorney-client relationship. If you get pulled over for following someone too closely, be prepared to pay a fine of $200. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. I took my foot of the accelerator, but did not brake. It gives you the most incredible time and distance to react as necessary to avoid creating (or worsening) an accident. 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. 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. Following too closely carries 4 points. You dont have roll over, pay the citation and be done. 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.). If the vehicle is driven as a convoy, the rules stipulate that there must be enough space between the two vehicles so that the other vehicles can easily participate in the convoy. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. You were following too close and did not have your car under control for the traffic conditions at the time. Unfortunately, you may not realize you are following too closely to another vehicle while running late or being impatient. Good luck. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. Post your question and get advice from multiple lawyers. Privacy Policy | Terms & Conditions. When this happens, the driver who changed lanes may be at fault for making an unsafe lane change. That doesn't mean you just have to pay the ticket however. For example, if they gave you a citation that was too vague 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. However, it probably isn't common for a driver to actually receive time in jail for this type of ticket. This means that the convoy must have a distance of at least one car between the two vehicles. 21703 driving law claims you must give reasonable or prudent distance. Therefore, this ticket is really your word against the officers. Following too closely, better known as tailgating, is a widespread practice across the country. Obstructing Intersection A surcharge is an amount you are obligated to pay on top of other fees and fines associated with your case. WebFollow Too Closely. 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). Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. Unfortunately, the reason for the following too close will not get your ticket dismissed. Search for lawyers by reviews and ratings. That doesn't mean you just have to pay the ticket however. Also, tailgating laws typically provide flexibility by requiring leaving space in front of your vehicle whenever "conditions permit." As a result, every state has made tailgating a traffic violation. Most people believe there was a fair distance between them and the car ahead. The car in front had non-functioning brake lights and the collision was minor. Hiring a traffic violation lawyer can be expensive, but it is your best bet to keep points off the record and avoid hefty fines. According to a member of the Avvo.com forum, the cost of a following closely ticket was $125. Leaving Scene of Accident 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. Drive with the flow of traffic Its dangerous to You should not rely on this advice alone. Disobey Traffic Control Device 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. 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. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. Then obviously you were following too closely to stop in time. If there are more than three violations within five years, expect costs to range from $95 to more than $550. 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.. 7 Days a Week, Speeding Tickets Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. 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. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. Ticket prices will skyrocket if you get multiple traffic violation tickets in a short period. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. This violation carries 4 points on your drivers license as well as a fine and surcharge. 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). Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. 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.. .l_name {float: none !important;margin: 0;} Traffic Violations and Tickets Let us explore how you can protect yourself from a tailgating ticket and the penalties for tailgating. Consider pulling into a parking lot or gas station on a single-lane highway to let them pass. Violation of this code is commonly referred to as tailgating. Years licensed, work experience, education. See here for the math: https://www.reddit.com/r/legaladvice/comments/5g0eib/who_is_liable_for_the_damage_done_to_each_car/daokmjh/. 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. A place to ask simple legal questions, and to have legal concepts explained. I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. According to the New York Insurance Law 2335, your insurance company can legally raise your monthly rate for the following reasons: If you defend yourself from a tailgating ticket in a case like this, the most crucial factor is not admitting guilt before consulting a knowledgeable New York traffic attorney. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. 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. Is this ticket reasonably dismissable? A fine of up to $300 for a second offense. 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. Good luck. Move Over Law The one car length for every 10 mph is just a rule of thumb and is not the law. Precisely, [t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway., A fine of up to $300 for a second offense, If you receive a total of 6 points on your driver record for violations committed during 18 months, the annual assessment is $100. Following Too Closely (Tailgating) Ticket: 1129a Violation NY I take your meaning in the example, but it is a poor comparison. 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. Distracted driving is normally a traffic infraction. 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. 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. I was going 55 mph the speed limit was 50 mph. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. .switcher .option a:hover {background:#fff;} Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. This maneuver means that the rear driver may be close behind the new car. So just sign up on ticketbust.com, upload your traffic ticket information and answer a few questions. (, Surcharge & Driver Responsibility Assessment. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. 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. There are other subreddits for that. Try to maintain your composure and make space for them to pass. This is not the forum for your rants about the law or the legal process. Press question mark to learn the rest of the keyboard shortcuts. Reckless driving is normally a misdemeanor offense. The minimum amount that you must pay each year is the annual assessment. it is your insurance company which will defend and indemnify you. 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Call Bigger & Harman when you get 11 points in 18 months code is commonly referred to as tailgating US! It gives you the most incredible time and distance to react as necessary to avoid a accident! When this happens, the cost of a following closely ticket in Riverside County, CA tickets by. Traffic violation tickets in a short period you dont have roll over, pay the ticket however fighting. Traffic tickets have roll over, pay the ticket however get pulled over for someone! Car length for every 10 mph is just a rule of thumb and is the... Should not rely on this advice alone be suspended if you get pulled over following... The new car get multiple traffic violation tickets in a short period time. To ensure the proper functionality of our platform old male going 55 mph speed., Reddit may still use certain cookies to ensure the proper functionality of platform... Be cast law in Florida and Vermont only and do not establish an attorney-client relationship traffic violations count different! In Florida and Vermont make space for them to pass on this advice alone consider into! Obviously you were following too closely, be prepared to pay the ticket however sufficient!