Improper Turning Tickets I If a driver is convicted of tailgating, they may receive the following tickets: Maintaining a safe distance from the vehicle in front of you is essential for several reasons. 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. New comments cannot be posted and votes cannot be cast. 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. So your opti You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. Also, the law states that drivers following another vehicle have a duty to keep at least two car lengths away from the vehicle in front. 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. ", The officer cited me for "Following Too Close, " ORC 4511.34. (New York Department of Motor Vehicles). 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. Find the best ones near you. I was on my way home from work, accelerating after a turn onto a 2-lane, 55 MPH road (SR 582). 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. The distance may need to be more depending on speed, road, weather conditions and traffic accidents. Wouldn't that negatively affect his ability to judge a "reasonable and prudent" following distance? In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is 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. The officer asked if I knew why I was being pulled over. WebThe law is not to follow "more closely than reasonable or prudent." Fight your ticket today! Over-eager traffic enforcement intermingles with errors every day. Real answers from licensed attorneys. He saw the result and that's enough. Fighting it (I'd get a traffic attorney) can save you a lot of money down the line. 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. Remember that your drivers license may be suspended if you get 11 points in 18 months. Depending on what state you live in, tailgating is an I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. 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. Years licensed, work experience, education. ExpertLaw.com has put together an easy guide with steps one can take when fighting this type of violation. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. We have efficiently helped thousands properly fight ill-gotten traffic tickets. All states have laws that prohibit drivers from following another vehicle too closely. 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. Privacy Policy | Terms & Conditions. You violated this law. Several vehicles in front of me slammed on their brakes while approaching a cruiser parked in the median. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. 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 took my foot of the accelerator, but did not brake. What to Do And What Not To Do If Pulled Over For A New York Traffic Ticket, Failure To Signal In New York: A 2-Point Moving Violation. If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. 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.. They may have been called to the scene later and taken statements from witnesses. How Much Does It Cost to Remove Acrylic Nails. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. If this information has been helpful, please indicate below. Once you receive your written defense package, sign the defense and mail it to the traffic court. It could be the officer had a bad vantage point and believed you were too close. it is your insurance company which will defend and indemnify you. 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. Required fields are marked *. You should not rely on this advice alone. For more information about New Yorks tailgating laws or to discuss your defense options, contact us for a free consultation! In this situation, your insurance company will also not increase your premiums. Good luck. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. 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. Obviously that's a more serious example, but the principal behind it is identical. 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). This way you avoid tailgating cars or trucks that are moving slower. That you admitted to following to closely will not help you fight the ticket either. Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. The DMV could suspend your drivers license if you receive: 4 points on your driving record within one year 6 points within two years, or 8 points within three years NY Driver Responsibility Assessment 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.). We did not request an officer, but they insisted on sending one out. The response herein is not legal advice and does not create an attorney/client relationship. The total assessment for the three years is $300. Suppose an officer determines that you were driving recklessly during the same incident in which you received a tailgating ticket. An officer who has issued a ticket based on a rear-end collision often did not witness the accident. 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. Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. You could get lucky, who knows, especially since it's your first. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. , 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 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. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. That you admitted to following to closely will not help you fight the ticket either. .switcher .selected a:hover {background:#fff}
You dont have roll over, pay the citation and be done. I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. 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. WebThe cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. Info was exchanged and we called to report the collision. Fight a tailgating ticket can be tough. As an aside, be thankful that all you got was a following too closely ticket. 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 saves every driver time and money. Post your question and get advice from multiple lawyers. Because the damages that could be obtained by victims of a collision could be very high, it is important to get prompt legal help for anyone who has been accused of following too closely and causing an accident. 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. Should You Fight Your Ticket Or Go To Traffic School? The reasonable spacing between vehicles depends on the speed limit, traffic volume and road conditions. Let us take a look at what you might be charged with if you commit this moving violation and get caught. You might also like our articles about the cost of a Carfax report, backup camera, or trespassing ticket. Drive with the flow of traffic Its dangerous to Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. .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.. When you are cited for following too closely, or any traffic citation on I-5, 10, or 15 in Riverside, call Bigger & Harman, (661) 349-9300. Get a letter from your company that they have paid the claims. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. 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