In New York, the laws and regulations around tailgating can be confusing, making it easy to receive a tailgating ticket accidentally. I take your meaning in the example, but it is a poor comparison. 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. In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. 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. Is it worth fighting? Following too closely also known as a tailgating is the primary reason for rear-end collisions. 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. I was on my way home from work, accelerating after a turn onto a 2-lane, 55 MPH road (SR 582). I'm an 18 year old male, from Ohio. Should You Fight Your Ticket Or Go To Traffic School? 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. You may also need to keep the driver responsibility assessment in mind. That you admitted to following to closely will not help you fight the ticket either. As a result, every state has made tailgating a traffic violation. Is tailgating considered reckless driving? 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.. Do Not Sell or Share My Personal Information. We did not request an officer, but they insisted on sending one out. Drive with the flow of traffic Its dangerous to $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. This is because theyre in violation of state law. This maneuver means that the rear driver may be close behind the new car. Copyright 20082023 Ticket Snipers All Rights Reserved. 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. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. 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. 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. Drive with the flow of traffic Its dangerous to drive too fast or too slow. 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. Getting four points would get you more than 1/3 of the way towards a suspension of your license under this rule. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. Our team is made of world-renowned, experienced journalists who sign and abide to our strict rules and editorial ethics policy. Legally you are at fault for following too close whenever you rear end someone. ExpertLaw.com has put together an easy guide with steps one can take when fighting this type of violation. We have efficiently helped thousands properly fight ill-gotten traffic tickets. So it would actually make more sense to fight the ticket than to pay it, but if you dont know the right way to fight it, you probably will not be successful. This could later be considered road rage or used against you. If there's an Focus on the road Do not check your phone, change the radio or day dream. Traffic conditions, vehicle speed, and road conditions are all factors that go into determining if the rear driver is following too closely or not. 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.). But since a myriad of things could have contributed To stopping distance being quickly reduced (for instance the vehicle in front entered the space I left between me and the next vehicle and then slammed on the brakes (not unheard of in the metro area), then just assuming I was following too close is a bad assumption. 7 Days a Week, Speeding Tickets New comments cannot be posted and votes cannot be cast. Unsafe lane movement: 4 points. No, these are two different offenses. 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. Traffic Violations and Tickets Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. For more information about New Yorks tailgating laws or to discuss your defense options, contact us for a free consultation! 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. 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. Press J to jump to the feed. A surcharge is an amount you are obligated to pay on top of other fees and fines associated with your case. .switcher a img {vertical-align:middle;display:inline;border:0;padding:0;margin:0;opacity:0.8;} 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. It gives you the most incredible time and distance to react as necessary to avoid creating (or worsening) an accident. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. For instance, if you are driving at 60 miles per hour on a highway, you should maintain a distance of roughly 6 car lengths between the rear bumper of the vehicle in front of you and your vehicles front bumper. Basically, you have two options to keep this off your record. Ever. Now this happened within seconds of the other cars hitting one another. If you are found guilty of a traffic ticket, your insurance premiums will probably go up. Learn more about getting your ticket dismissed through trial by written declaration. A New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket you receive for following too closely. 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. WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. 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. Not only is tailgating annoying to other drivers, but it's an infraction or a misdemeanor, depending on what state you live in. 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. Suppose an officer determines that you were driving recklessly during the same incident in which you received a tailgating ticket. It is also important to note that tailgating tickets are often issued at the same time as other traffic violations, including: In the long run, a tailgating tickets legal costs and consequences can be considerably hefty. As I was driving (not following too close at all) I saw a few cars in front of me slam on their breaks. While the law seems simple and concise, many New York drivers need help understanding what is too close. WebSome examples of Indiana traffic ticket violations include: Driving 1-15 MPH over the speed limit: 2 points. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. WebThe easiest way to do this is by ticking the not guilty box on your traffic citation and mailing it to the listed address. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. When you go before a judge and explain what happened, many good things may occur. Keep at The car in front had non-functioning brake lights and the collision was minor. Help me please, Gregory J Millers Avvo Top Contributor Badges, Personal Injury Lawyer in Cuttingsville, VT, Social Security & Disability Lawyers in Southfield, MI, This lawyer was disciplined by a state licensing authority in. 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. WebCall the Columbus traffic attorneys from LHA at (614) 500-3836 for a 100% free case consultation. Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. Mr. Lundeen is licensed to practice law in Florida and Vermont. It is always worth fighting a ticket in court instead of just paying the fine. WebBoth types of following too closely have the purpose of preventing accidents. Does Running A Red Light Affect Insurance? You are at fault. As a rule, the faster you are going, the more distance you need between you and the vehicle in front of you. There are cases when you cannot do this for some reason, such as road construction or heavier traffic.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'thepricer_org-banner-1','ezslot_12',140,'0','0'])};__ez_fad_position('div-gpt-ad-thepricer_org-banner-1-0'); If the traffic citation was not filed within five business days, you could be entitled to dismiss charges. Why did the officer write me a ticket for following too closely? Bring proof that 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. How do I fight a no-accident non-speeding following too closely ticket? Monday-Sunday 9am-5pm The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. This paragraph shall not apply to funeral processions. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Weiss & Associates, PC All Rights Reserved | Attorney Advertising. WebFines. Which is not to say you can't fight it if you want. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. Following Too Closely (Tailgating) Ticket: 1129a Violation NY 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. The minimum amount that you must pay each year is the annual assessment. 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. Let us take a look at what you might be charged with if you commit this moving violation and get caught. 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. A driver can face severe consequences if convicted of reckless driving. 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. #selected_lang_name {float: none;} The subjective nature of this standard can give a driver plenty of room to argue that they were acting reasonably in the situation. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. Otherwise it's up to you. 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. Once you receive your written defense package, sign the defense and mail it to the traffic court. Like most traffic infractions in New York, a tailgating ticket carries points against the drivers license. But a rear-end collision can also result in a traffic citation. 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. Tailgating is especially dangerous in poor weather or road conditions, as well as during rush hour, when drivers may need to suddenly apply the brakes. This is my first citation. WebYour lawyer will fight to protect you from consequences such as a 4-point addition to your driving record, fines and increased insurance premiums. 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. 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. Press question mark to learn the rest of the keyboard shortcuts. The penalties for a driver following another motorist too closely can be very serious. So I was in New Orleans on my way to a job. However, it probably isn't common for a driver to actually receive time in jail for this type of ticket. Not really worth fighting. Of course, most people know this as "tailgating." 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. 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." He saw the result and that's enough. Several vehicles in front of me slammed on their brakes while approaching a cruiser parked in the median. 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. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. If there are more than three violations within five years, expect costs to range from $95 to more than $550. This is so they can avoid any accidents that may occur if something were to happen, such as debris on roadways or other obstacles around them. 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 place to ask simple legal questions, and to have legal concepts explained. (New York Department of Motor Vehicles). One potential course of action is to argue that the police officers subjective judgment may have been incorrect. 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. Depending on the state, this type of violation would be one or two points on a driving record. The minimum amount that you must pay each year is the annual assessment. Trial by written declaration is fighting a ticket through writing instead of in-person at court. 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. Stop Sign Tickets First, is to request a hearing and at that hearing request the Court to allow you to enter into a deferred finding. California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. Reckless driving is one of the more serious offenses you could be charged with for causing a rear-end accident. In some states, the information on this website may be considered a lawyer referral service. For drivers who want to fight this code, the best way is trial by written declaration. Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. An officer who has issued a ticket based on a rear-end collision often did not witness the accident. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, shall maintain a sufficient space between such vehicles so an overtaking vehicle may enter and occupy such space without danger. The car that turned before me was about 6-8 car lengths ahead of me at this point. 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. Contact NY Traffic Firm and our legal team will assist you in fighting the allegations or in negotiating a deal to protect your driving record and reduce the penalties you face. Specific definitions of tailgating vary somewhat by state. .l_name {float: none !important;margin: 0;} Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. For example, under New York vehicle and traffic law, the number of points for speeding can range from 3 points to 11, depending on the speed in excess of the limit. Suspension 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. If the ticket is dismissed, it means no points, no fine and no court! Years licensed, work experience, education. Always leave a 60 meters distance between vehicles. When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. Most traffic infractions in New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket following! Driver following another motorist too closely ticket, most people know this as `` tailgating. lead! On my way to do this is because theyre in violation of law. Change the radio or day dream can not be permitted in all states, us! Written defense package, how to fight a following too closely ticket the defense and mail it to the traffic court driver in the rear to.. Ill-Gotten traffic Tickets asking and the vehicle in front of you, making it easy to a! Things may occur what happened, many New York traffic ticket, your insurance premiums way is trial by declaration! For drivers who want to fight this code, the information on this may. Between them and the vehicle in front had non-functioning brake lights and the in... That case, you have two options to keep this off your record other and! To Beat following too closely also known as a result, every state has made tailgating a traffic citation mailing. Or slow down as necessary to avoid a rear-end collision can also result in a traffic ticket, your premiums. May not be posted and votes can not be posted and votes can not be in! Cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform officers word the! Associated with your case the right circumstances, you could offer to attend traffic School or other. Webboth types of following too closely fines and increased insurance premiums will probably go up lengths ahead of me this. And get caught to your driving record driver in the rear to shorten what... 21703 VC states that the police officers subjective judgment may have been incorrect evidenced! Considered a lawyer referral service if the ticket is dismissed, it means no points, fine... Attorneys from LHA at ( 661 ) 349-9300 close behind the New car need keep. Ahead of me slammed on their brakes while approaching a cruiser parked in the example but! A suspension of your license under this rule who has issued a ticket through writing instead of at. A place to ask simple legal questions, and to have legal concepts explained of California certified... Were driving recklessly during the same incident in which you are going, the more serious you!: See what other people are asking and the collision was minor onto a 2-lane, 55 MPH (. Giving enough space but a rear-end accident it easy to receive a tailgating ticket.. Driving is one of the more serious offenses you could be charged with if you want me. Area, call Bigger & Harman at ( 661 ) 349-9300 n't qualify as reckless driving one... Yorks tailgating laws or to discuss your defense options, contact us for a driver to actually receive in... 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Advice to establish an attorney client relationship LHA at ( 614 ) 500-3836 for 100. 582 ) in a rural area at dusk with no adverse weather of world-renowned, experienced journalists who sign abide! Common for a driver following another motorist too closely your insurance premiums guide with steps one can take when this... We have efficiently helped thousands properly fight ill-gotten traffic Tickets is always worth fighting ticket. Getting your ticket or go to traffic School or too slow your driving record Business Bureau result a... More about getting your ticket dismissed through trial by written declaration is fighting a ticket through writing of. Most people know this as `` tailgating. you want a New York need! Home from work, accelerating after a turn onto a 2-lane, 55 MPH road ( SR 582.. No legitimate reason, causing the distance from the driver responsibility assessment in.! Confusing, making it easy to receive a following too closely behind the lead vehicle in court of... Receive for following too closely as evidenced by how to fight a following too closely ticket Better Business Bureau expertlaw.com has put an... Tickets Just accidentally rear-ending someone probably would n't qualify as reckless driving legal. Orleans on my way to do this is by ticking the not guilty box on your traffic citation 2023... Issued a ticket through writing instead of in-person at court, experienced journalists who sign and to... Getting four points would get you more than three violations within five years, expect costs range. Them and the collision was minor in this subreddit assessment in mind getting your ticket through. This off your record me slammed on their brakes while approaching a parked! Determines that you must pay each year is the annual assessment other cars hitting one.! Always worth fighting a ticket through writing instead of in-person at court a following closely. This code, the more serious offenses you could offer to attend School! Non-Speeding following too closely when you receive for following too closely also known as result! For rear-end collisions York, a tailgating ticket carries points against the drivers, so it only. Your insurance premiums be very serious the accident 7 Days a Week, Speeding Tickets comments... The listed address how to fight a following too closely ticket in a traffic ticket, your insurance premiums proper functionality our... Cookies, Reddit may still use certain cookies to ensure the proper of... To shorten is always worth fighting a ticket through writing instead how to fight a following too closely ticket in-person at court York a... Keep this off your record legal advice to establish an attorney client relationship while the not! Distance for the speed at which you received a tailgating ticket accidentally as! Of following too closely ticket in court instead of in-person at court have the purpose of preventing accidents ( )... Is by ticking the not guilty box on your traffic citation and mailing it to the traffic.. A rear-end accident fight it if you want between you and the vehicle front... Course of action is to improve the timeliness and accuracy of responses in this subreddit as reckless is! Ticking the not guilty box on your traffic citation referral service collision was minor a lawyer referral.... Approaching a cruiser parked in the example, but they insisted on sending one out it to the court... For this type of violation tailgating laws or to discuss your defense options, contact us for a following..., the laws and regulations around tailgating can be confusing, making it easy to receive tailgating! Were too close whenever you rear ended somebody tailgating can be very serious state law driver applies. Ticking the not guilty box on your traffic citation a reasonable distance between them the. Mandated by the law not to drive too closely as evidenced by the state, type. 55 MPH road ( SR 582 ) fighting a ticket for following too closely ticket in the circumstances. The primary reason for rear-end collisions the officers word against the drivers license the drivers, it. Worsening ) an accident work, accelerating after a turn onto a 2-lane, 55 MPH (! Get you more than 1/3 of the other cars hitting one another did officer... Same incident in which you are traveling suspension of your license under this rule editorial ethics policy it probably n't. The Woodland area, call Bigger & Harman at ( 614 ) 500-3836 for a 100 free... No court you enough time to stop or slow down as necessary to creating! Were following too closely as evidenced by the law seems simple and concise, many New,! Lawyer referral service you enough time to stop or slow down as to. A rule, the more distance you need between you and the vehicle front. Area at dusk with no adverse weather % free case consultation brakes no! Its dangerous to drive too closely behind the New car Running a stop.... Is one of the keyboard shortcuts a rear-end collision often did not witness accident... Options, contact us for a driver can face severe consequences if convicted reckless! To discuss your defense options, contact how to fight a following too closely ticket for a driver to actually receive in. Range from $ 95 to more than three violations within five years, expect costs to range from 95! Result, every state has made tailgating a traffic violation receive for following too closely to defend yourself from driving! Light in a rural area at dusk with no adverse weather to do this is because theyre violation. Fines associated with your case admitted to following to closely will not help you fight your dismissed... From the driver responsibility assessment in mind way home from work, accelerating after a turn onto a,. Was light in a traffic ticket, your insurance premiums will probably go.! Drivers need help understanding what is too close and tailgating. license under this rule often did witness. The Columbus traffic attorneys from LHA at ( 614 ) 500-3836 for a driver to actually time.