Its just that simple. Your primary defense against a citation for following too closely is to prove that you were following at a reasonably safe distance based on the conditions at the time and place of the alleged infraction. But a rear-end collision can also result in a traffic citation. 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. Cellphone-less driver ticketed for talking on a cellphone, New Law Closes Traffic School Loopholes For Second Offenders, Traffic Ticket Bench Warrant? I took my foot of the accelerator, but did not brake. The attorney listings on this site are paid attorney advertising. We can actually fight your ticket for less than the amount of the fine you would have to pay if you were to plead no contest. Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. Following Too Closely (Tailgating) Ticket: 1129a Violation NY Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. I If the ticket is dismissed, it means no points, no fine and no court! Privacy Policy | Terms & Conditions. Thanks for the advice. 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. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could result from when a vehicle passes another vehicle and subsequently doesn't have enough space to merge back in. Info was exchanged and we called to report the collision. It gives you the most incredible time and distance to react as necessary to avoid creating (or worsening) an accident. A place to ask simple legal questions, and to have legal concepts explained. Drive with the flow of traffic Its dangerous to drive too fast or too slow. 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. .switcher .option a {color:#000;padding:3px 5px;} ExpertLaw.com has put together an easy guide with steps one can take when fighting this type of violation. Accepted file types: jpg, gif, png, pdf, Max. Your email address will not be published. Depending on what state you live in, tailgating is an Therefore, if you want to go faster move to the left lanes. Section 1129(b) also establishes rules for cars traveling on roads outside of business or residential districts who are following trucks or who are following motor vehicles drawing other vehicles. To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. In some states, the information on this website may be considered a lawyer referral service. Additionally, having reviewed your previous posts, you need to restrict yourself to providing proper legal advice. WebFines. WebThe easiest way to do this is by ticking the not guilty box on your traffic citation and mailing it to the listed address. Obstructing Intersection As a rule, the faster you are going, the more distance you need between you and the vehicle in front of you. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. He said that was correct and that a safe distance is "1 car length for every 10 MPH. After violating following too closely, you will receive a fine of $238 and have one point added to your DMV driver record. 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. Even if you weren't following another vehicle too closely, losing focus for just a moment while driving can lead to a rear-end collision. 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. This is because theyre in violation of state law. 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. WebYour lawyer will fight to protect you from consequences such as a 4-point addition to your driving record, fines and increased insurance premiums. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. Real questions about traffic tickets from people like you. 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. 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. If you get pulled over for following someone too closely, be prepared to pay a fine of $200. Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. Out-Of-State Drivers The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could If you're cited for not leaving a reasonable and prudent space in front of you, your speed and the road and weather conditions are important factors. That is the exact reason you should fight a tailgating ticket because it is your word against the officers. In some cases, however, accidents happen due to drivers following a lead vehicle too closely. 13. Bring proof that This can give the false impression that the driver in the rear was tailgating, but an investigation may prove otherwise. The total assessment for the three years is $300. 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. Thousands of traffic tickets are written for violations of CVC 21703 every year, so youre not alone. .switcher .option::-webkit-scrollbar-track{-webkit-box-shadow:inset 0 0 3px rgba(0,0,0,0.3);border-radius:5px;background-color:#f5f5f5;} As for the officer not witnessing the event, that's not necessary. However, it makes no mention of my speed nor the speed of the car in front of me. 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 Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The car that turned before me was about 6-8 car lengths ahead of me at this point. States have different definitions of reckless driving. This is considered a moving violation in Georgia, so it will also add points to 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. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. WebTry to convince the judge to keep the infraction off your record. 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." 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. Seems like pure revenue generation. 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. 432 Park Ave South Let us take a look at what you might be charged with if you commit this moving violation and get caught. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. Like most traffic infractions in New York, a tailgating ticket carries points against the drivers license. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, following another vehicle more closely than is "reasonable and prudent," or. Following too closely also known as a tailgating is the primary reason for rear-end collisions. Keep at 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. Create an account to follow your favorite communities and start taking part in conversations. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. 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. This morning on my way in to work, as I went to exit the highway to merge in to the deceleration lane, all the traffic in the lane hit their brakes hard and so did I. This is not the forum for your rants about the law or the legal process. Anyone who is cited for following too closely should talk with a lawyer about what they can do to try to keep this black mark off of a driving record. Also, tailgating laws typically provide flexibility by requiring leaving space in front of your vehicle whenever "conditions permit." 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.). Its important that you talk with an attorney as soon as possible as you have only a limited amount of time to respond to your traffic ticket and you do not want to take a chance on being found guilty of a moving violation and facing the consequences that can result. Depending on what state you live in, tailgating is an infraction or a misdemeanor. 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." Copyright 20082023 Ticket Snipers All Rights Reserved. Which is not to say you can't fight it if you want. How do I fight a no-accident non-speeding following too closely ticket? , 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. You don't use that language here. The officer asked if I knew why I was being pulled over. This shows he was unaware of how fast we were travelling. 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. No, these are two different offenses. In New York, tailgating is not as serious as in other states, but it can still hold some penalties. This means that the convoy must have a distance of at least one car between the two vehicles. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. 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. 7 Days a Week, Speeding Tickets It sounds like a valid ticket. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. Post a free question on our public forum. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. 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. 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. Violation of this code is commonly referred to as tailgating. Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. Im wondering if I should fight this in court. Unsafe Lane Change and Improper Passing Traffic Tickets. Fail to Pay or Lost NY Ticket. Press question mark to learn the rest of the keyboard shortcuts. Our lawyers specialize in traffic law across New York State, and we make your traffic issue as easy as possible. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Weiss & Associates, PC All Rights Reserved | Attorney Advertising. 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. A fine of up to $450 for a third offense. As a result, every state has made tailgating a traffic violation. 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. Legally you are at fault for following too close whenever you rear end someone. Se habla Espaol (661) 349-9755. Not really worth fighting. However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. 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. Several vehicles in front of me slammed on their brakes while approaching a cruiser parked in the median. Specific definitions of tailgating vary somewhat by state. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. 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Tickets are written for violations of CVC 21703 every year, so youre not alone does... Exact reason you should fight a tailgating ticket because it is your word the... Car that turned before me was about 6-8 car lengths ahead of me slammed on their brakes approaching... The fact you rear end someone that a safe distance is `` 1 car for... Stop or slow down as necessary to avoid a rear-end collision can also result in traffic... Dmv driver record still hold some penalties consequences such as a tailgating ticket because it illegal! Is 3 points and driving in excess of 1-10 mph over the limit is points... Ahead of me and no court you enough time to stop or slow as. Were following too closely ticket to pay a fine of up to $ 450 for a third offense your... `` conditions permit. to contest your ticket, you 'll want to the. They 're getting by requiring leaving space in front of me at this point parked in the to... Years is $ 300 DMV driver record 1-10 mph over the limit is 3 and. A distance of at least one car between the two vehicles start taking part in.! I if the ticket is dismissed, it is illegal to follow too closely also as. Follow your favorite communities and start taking part in conversations car between the two vehicles are paid attorney.... You were giving enough space but a rear-end collision can also result in a violation! Need to restrict yourself to providing proper legal advice to establish an attorney client relationship for pleading guilty and sentenced... Go faster move to the listed address how fast we were travelling states the. Enough space but a police officer believes you were too close whenever you rear end someone in by. Is illegal to follow your favorite communities and start taking part in conversations Week Speeding. Dba Nolo Self-help services may not be permitted in all states the driver in the rear tailgating! Good things may occur to ask simple legal questions, and we called to report the collision they 're.... Allows you enough time to stop or slow down as necessary to creating... Year, so youre not alone to a stop avoid a rear-end accident infractions in New York, tailgating an! Tickets are written for violations of CVC 21703 every year, so not. Beat 1000s of traffic tickets consequences such as a result, every state has made a. And explain what happened, many good things may occur whose sole purpose is to the... Time to stop or slow down as necessary to avoid a rear-end accident typically provide by. Up to $ 450 for a third offense and accuracy of responses in this subreddit shows was. Space between them law Section 1129 ( a ), it makes no of. Is mandated by the law not to drive too closely behind the lead vehicle closely... As necessary to avoid creating ( or worsening ) an accident bonded and accredited by the state of California certified... I am a bot whose sole purpose is to improve the timeliness and accuracy of in. The listed address may feel you were too close whenever you rear ended somebody pulled. Violating following too closely ticket distance to react as necessary to avoid following too closely evidenced. Is licensed, bonded and accredited by the fact you rear ended.... Leaving space in front of your prosecution up to $ 450 for a third offense law Closes traffic are! Having reviewed your previous posts, you 'll want to go faster move to the left lanes and we your..., gif, png, pdf, Max reason you should fight a tailgating ticket points... While approaching a cruiser parked in the rear to shorten your word against the license. A distance of at least one car between the two vehicles a place to ask simple questions. In the rear was tailgating, but an investigation may prove otherwise space but a police officer believes were. Good things may occur mph is 8 points the officer asked if I knew why I being! In all states approaching a cruiser parked in the rear was tailgating, but did not brake New!, bonded and accredited by the Better Business Bureau for no legitimate reason, causing the from. Sounds like a valid ticket the collision in this subreddit a long time and I 've heard in long. Collision can also result in a traffic citation and mailing it to the listed address end.. Improve the timeliness and accuracy of responses in this subreddit a police officer believes were! Primary reason for rear-end collisions to keep the infraction off your record the! That had left sufficient space between them a lawyer referral service how fast we were travelling keyboard...., gif, png, pdf, Max taking part in conversations but rear-end! Reason for rear-end collisions took my foot of the keyboard shortcuts that are relevant Loopholes for Offenders! For talking on a cellphone, New law Closes traffic School are n't worth it additionally, having your. Years is $ 300 things may occur is `` 1 car length for every 10 mph within seconds of worst! A car from another lane may cut between two cars that had left sufficient space between.... Legal team is licensed, bonded and accredited by the fact you rear ended somebody and getting to... York, a car from another lane may how to fight a following too closely ticket between two cars that had left sufficient space them! Law Closes traffic School Loopholes for Second Offenders, traffic ticket Bench Warrant $ 450 for a third offense but... 238 and have one point added to your DMV driver record that are relevant is ticking. Guilty box on your traffic issue as easy as possible the front driver suddenly applies the for. On ones insurance for pleading guilty and getting sentenced to traffic School are n't worth..
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