Why did the officer write me a ticket for following too closely? NYC Leaving the Scene of an Accident OATH Ticket, Out-Of-State Driver with a NY Traffic Ticket, Following Too Closely (Tailgating) Ticket in New York. .switcher .option::-webkit-scrollbar-track{-webkit-box-shadow:inset 0 0 3px rgba(0,0,0,0.3);border-radius:5px;background-color:#f5f5f5;}
Good luck. Fighting it (I'd get a traffic attorney) can save you a lot of money down the line. While most lawyers charge between $220 and $550 for their services, with some charging as much as $1,000, they will work with courts in order to ensure that you receive fewer citations than what is considered standard from law enforcement agencies across America. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. These more general laws can apply to activities like eating, putting on makeup, reading a newspaper, and the like. The attorney listings on this site are paid attorney advertising. 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. As an aside, be thankful that all you got was a following too closely ticket. This violation carries 4 points on your drivers license as well as a fine and surcharge. The response herein is not legal advice and does not create an attorney/client relationship. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. 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. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. 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. Under these circumstances, the rear driver should leave enough space that a car which is passing could enter into that space without risk. In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. 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." As for the officer not witnessing the event, that's not necessary. This is my first citation. Depending on the state, this type of violation would be one or two points on a driving record. Post your question and get advice from multiple lawyers. Reckless driving is normally a misdemeanor offense. Keep at (, Surcharge & Driver Responsibility Assessment. 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. .switcher .selected a:after {height:24px;display:inline-block;position:absolute;right:10px;width:15px;background-position:50%;background-size:11px;background-image:url("data:image/svg+xml;utf8,");background-repeat:no-repeat;content:""!important;transition:all .2s;}
Traffic infringements happen to everyone and can occur anytime. You are at fault. Reddit and its partners use cookies and similar technologies to provide you with a better experience. That you admitted to following to closely will not help you fight the ticket either. 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. No one is immune to ever-changing traffic laws. As I was driving (not following too close at all) I saw a few cars in front of me slam on their breaks. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. States have different definitions of reckless driving. Drivers traveling in a caravan or motorcade also need to allow enough space to pass, except in cases where the drivers are in a funeral procession. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. Im wondering if I should fight this in court. No, these are two different offenses. 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. Distracted driving is normally a traffic infraction. Privacy Policy | Terms & Conditions. 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. Is tailgating considered reckless driving? While the law seems simple and concise, many New York drivers need help understanding what is too close. Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. Following too closely, better known as tailgating, is a widespread practice across the country. 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. While most tickets add 2 or 3 points, tailgating tickets add 4 points to your license, so you know law enforcers take it very seriously. 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. Report the matter to your insurance company. Reckless driving is driving with a willful or wanton disregard for the safety of others or a willful disregard for the potential consequences of ones actions. Hiring a traffic violation lawyer can be expensive, but it is your best bet to keep points off the record and avoid hefty fines. Since state law only requires that drivers maintain a sufficient distance to occupy such space without danger, Columbus following too closely tickets are only issued based on the subjective opinion of the officer. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. As a result, every state has made tailgating a traffic violation. 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. This works most frequently in minor collisions where it's easier to convince a judge that the relatively small bit of additional warning would have prevented the accident. 21703 driving law claims you must give reasonable or prudent distance. Therefore, this ticket is really your word against the officers. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. 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. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;}
In some states, the information on this website may be considered a lawyer referral service. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. 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. If you have a clean driving record and the officers procedures were not followed correctly, then your charge may be dismissed. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. The car in front had non-functioning brake lights and the collision was minor. The response is in the form of legal education and is intended to provide general information about the matter within the question. Following too closely: 6 points. Press J to jump to the feed. Should You Fight Your Ticket Or Go To Traffic School? I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. In some states, a tailgating ticket can theoretically lead to jail time. This paragraph shall not apply to funeral processions. I 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. .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.. 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. 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). Do not slow down or speed up suddenly. You could get lucky, who knows, especially since it's your first. Which is not to say you can't fight it if you want. WebIf you received a following too closely traffic ticket as a result of a rear end accident, then you need to fight it as it is probably the wrong charge for the situation. Unfortunately, the reason for the following too close will not get your ticket dismissed. The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." Se habla Espaol (661) 349-9755. $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. That doesn't mean you just have to pay the ticket however. NYC Motorcycle Laws Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. Specific definitions of tailgating vary somewhat by state. I take your meaning in the example, but it is a poor comparison. 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. A place to ask simple legal questions, and to have legal concepts explained. 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 words, if youre behind a truck or a vehicle that is towing another car, you have to leave space for someone to pass. Disobey Traffic Control Device Cellphone-less driver ticketed for talking on a cellphone, New Law Closes Traffic School Loopholes For Second Offenders, Traffic Ticket Bench Warrant? 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 have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. 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. Report the incident to them and cooperate with them. 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. If there's an option for traffic school to avoid points on your license you should take that opportunity. The total assessment for the three years is $75 for each point in addition to the original 6 points. This typically occurs when there has been a rear-end accident, and the cop surmises that the trailing vehicle was moving too close to the rear of the lead vehicle. You dont have roll over, pay the citation and be done. .switcher .option a.selected {background:#fff;}
document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Weiss & Associates, PC All Rights Reserved | Attorney Advertising. The minimum amount that you must pay each year is the annual assessment. If the front driver is driving too slowly, they may be ticketed for this violation, but this is not a defense to tailgating because the rear driver still is expected to act safely under the circumstances. Seems like pure revenue generation. If for some reason the front driver needs to apply the brake suddenly and you have enough space, you can safely slow down and avoid a serious collision. Most tailgating laws contain exceptions for situations where a motorcade is driving together to a certain location, such as for a funeral procession and the like. Over-eager traffic enforcement intermingles with errors every day. Our lawyers specialize in traffic law across New York State, and we make your traffic issue as easy as possible. In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is
Focus on the road Do not check your phone, change the radio or day dream. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. 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. When in fact, you were giving the car in front of you enough space. Otherwise it's up to you. It wasnt my fault and I wasnt following too closely but because they stomped on their breaks twice I was closer than what I was before. An officer who has issued a ticket based on a rear-end collision often did not witness the accident. Section 1129(a) of Vehicle And Traffic Law says this: A vehicle shall not follow another 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., which means you cant get too close when driving behind somebodys car, motorbike or behind cyclists. 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