Why did the officer write me a ticket for following too closely? Attorneys with experience handling these types of cases will likely have the best idea of how best to handle a given situation. WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. A determination must be made on whether a motorist in a rear vehicle is following a lead vehicle too closely by considering whether there is sufficient space between the front and the rear car in light of the current conditions on the road at the time. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. Stop Sign Tickets According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. Often, reckless driving comes from a conscious decision to expose others to harm. This means your insurance premiums will increase for the next 3 years which increases the risk of suspension of your driving license. Violation of this code is commonly referred to as tailgating. So I go and slam on my breaks as well. The minimum amount that you must pay each year is the annual assessment. How Much Does It Cost to Remove Acrylic Nails. If a driver age eighteen years or older accumulates eight He wasn't stationary or travelling in the same direction. Under these circumstances, the rear driver should leave enough space that a car which is passing could enter into that space without risk. 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. 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.. Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. Following Too Closely: How to Fight a Ticket for Following Too Closely. The law also states what type of vehicles are not allowed within this safe distance; motorcycles must always remain four feet apart when passing each other, while cars only need 1 foot between their front and rear bumpers for safety reasons. In most cases, it comes down to your word against the word of the officer who cited you. Following too closely carries 4 points. They may have been called to the scene later and taken statements from witnesses. 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. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. However, the fact that too closely is a subjective measurement does open up doors for you to defend yourself. In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. You are at fault. Maintaining a safe distance from the vehicle in front of you is essential for several reasons. 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. But most reckless driving laws prohibit operating a vehicle in a manner that shows a "willful" disregard for the safety of other persons or property. Drivers can expect to pay $215 for each violation. Not really worth fighting. 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. There was 4 cars total and my car was the last car with the most damages. Create an account to follow your favorite communities and start taking part in conversations. 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 Additionally, they dont have to go to traffic school or see their insurance rates increase. 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. NYC Motorcycle Laws (A) The operator of a motor vehicle, streetcar, or trackless trolley shall not follow another vehicle, streetcar, or trackless trolley more closely than is reasonable and prudent, having due regard for the speed of such vehicle, streetcar, or trackless trolley, and the traffic upon and the condition of the highway. Mr. Lundeen is licensed to practice law in Florida and Vermont. WebThe easiest way to do this is by ticking the not guilty box on your traffic citation and mailing it to the listed address. 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.. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. Good luck. In such situations, this type of ticket is more defensible than when the police officer actually observes the offense. Unfortunately, the reason for the following too close will not get your ticket dismissed. Basically, you have two options to keep this off your rec 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. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could Next, the court will assign you a hearing date. To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. Given that you've admitted that your tires were skidding, you could have just as easily been hit with a "failure to maintain control" citation as well. 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. This could later be considered road rage or used against you. He said that was correct and that a safe distance is "1 car length for every 10 MPH. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. The officer was also passing the opposite direction when this situation occurred. The odds are in your favor when you work with NY Traffic Firm. WebCall the Columbus traffic attorneys from LHA at (614) 500-3836 for a 100% free case consultation. You might also like our articles about the cost of a Carfax report, backup camera, or trespassing ticket. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. That doesn't mean you just have to pay the ticket however. An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. 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). Basically, you have two options to keep this off your record. 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. 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. Reckless driving is normally a misdemeanor offense. Disciplinary information may not be comprehensive, or updated. Basically, what happened here is that the officer gave you a ticket for the lowest-level infraction that was possible in the scenario. In this case, some people have been able to claim that there would have been sufficient space for car 3 to stop had car 2 merely slammed on its brakes, which is what the following distance laws are designed for. Good luck. Disobey a Red Light In some situations, a driver might be able to avoid some or all of the penalties of a tailgating ticket by completing traffic school. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Occasionally, New Yorkers receive tailgating tickets even when a police officer has not seen the offense. Pay your fine. When driving, always try to stay at least one car length behind the vehicle in front. .switcher a {text-decoration:none;display:block;font-size:12pt;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;} 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. 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. Fight your ticket today! State laws may presume that the rear driver was at fault in these cases because they were following too closely, but this is not always true. For example, if they gave you a citation that was too vague 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.. Do not slow down or speed up suddenly. If the ticket is dismissed, it means no points, no fine and no court! Failure To Yield 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. 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. 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. 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. 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. Police officials and other investigating teams in California are taking these violations seriously. 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. Tailgating tickets also add points to your drivers license. Real questions about traffic tickets from people like you. In New York, tailgating is not as serious as in other states, but it can still hold some penalties. When this happens, the driver who changed lanes may be at fault for making an unsafe lane change. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. Do Not Sell or Share My Personal Information. The car that turned before me was about 6-8 car lengths ahead of me at this point. One or two care lengths at 40-50 mph is no where near reasonable regardless of the situation. Otherwise it's up to you. Out-Of-State Drivers While the law seems simple and concise, many New York drivers need help understanding what is too close. 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. 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. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. If an officer shows up and sees one man with a bullet wound and another man with a smoking gun, he can arrest the guy with the gun. 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. The law is not to follow "more closely than reasonable or prudent." Also, is correctly saying why I'm being pulled over considered admitting guilt? If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. (, Surcharge & Driver Responsibility Assessment. If someone is tailgating you, you should do a few things: Since 1991, the traffic lawyers at Weiss & Associates, PC, have helped over 100,000 motorists in court. That's just the way it works. When you go before a judge and explain what happened, many good things may occur. Our lawyers specialize in traffic law across New York State, and we make your traffic issue as easy as possible. Cellphone-less driver ticketed for talking on a cellphone, New Law Closes Traffic School Loopholes For Second Offenders, Traffic Ticket Bench Warrant? Improper Turning Tickets New comments cannot be posted and votes cannot be cast. .switcher .selected a:hover {background:#fff} In addition to paying a fine for traffic violations, you will have court surcharges and other fees imposed upon your case. .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} The minimum amount that you must pay each year is the annual assessment. So lets discuss how to beat a following too closely ticket in California. As for the officer not witnessing the event, that's not necessary. We were on the interstate. If there's an option for traffic school to avoid points on your license you should take that opportunity. You don't have much of defense, but if you go to court the ticket might be reduced. Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. Cell Phone Tickets This means you will be assessed one point on your driving record if you are cited for tailgating in Barstow. The one car length for every 10 mph is just a rule of thumb and is not the law. file size: 5 MB. If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. Is tailgating considered reckless driving? In New York, the laws and regulations around tailgating can be confusing, making it easy to receive a tailgating ticket accidentally. 21703 driving law claims you must give reasonable or prudent distance. Therefore, this ticket is really your word against the officers. He doesn't need to actually have witnessed the shot. The subjective nature of this standard can give a driver plenty of room to argue that they were acting reasonably in the situation. Se habla Espaol (661) 349-9755. 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. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. 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. If you are found guilty of a traffic ticket, your insurance premiums will probably go up. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. Give yourself enough time Leaving the house in a rush will make you more likely to drive recklessly or too close to other cars. The second paragraph of the code is what I'm slightly worried about, however there was no vehicle within reasonable distance to overtake behind me, and I was planning to overtake the car in front of me when given the chance. A fine of up to $450 Let us explore how you can protect yourself from a tailgating ticket and the penalties for tailgating. Of course, most people know this as "tailgating." 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." 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. Obstructing Intersection And I wouldn't risk arguing with the officer on the stand yourself. Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. 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. 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. 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. 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 were following too close and did not have your car under control for the traffic conditions at the time. In this situation, your insurance company will also not increase your premiums. After a few seconds of them not breaking they slammed on their breaks again causing them to hit one another. 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. After violating following too closely, you will receive a fine of $238 and have one point added to your DMV driver record. 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. 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 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. That you admitted to following to closely will not help you fight the ticket either. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. That said, this alone won't be enough to get them to raise your insurance, but if you file a claim in the future or have a claim filed against you, the totality of your driving past can and will be used to adjust your rates higher. Reckless Driving 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. Following Too Closely (Tailgating) Ticket: 1129a Violation NY Outside a municipal corporation, the driver of any truck, or motor vehicle when drawing another vehicle, while ascending to the crest of a grade beyond which the driver's view of a roadway is obstructed, shall not follow within three hundred feet of another truck, or motor vehicle drawing another vehicle. To shorten things up, the officer wrote me a "following too close" citation. 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. WebFollowing too closely is considered a moving violation. You will have to pay these assessments on top of all other applicable fines. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. You violated this law. In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. 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 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. New York Vehicle and Traffic Code Section 1129 establishes strict rules that prohibit one car from following too closely behind another vehicle. So your opti Traffic infringements happen to everyone and can occur anytime. Most statesincluding California and New Yorkhave distracted driving laws that prohibit drivers from using a handheld cellphone or text messaging while operating a vehicle. As a result, every state has made tailgating a traffic violation. The minimum amount that you must pay each year is the annual assessment. Unfortunately, the reason for the following too close will not get your ticket dismissed. 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. As an aside, be thankful that all you got was a following too closely ticket. Not sure why. Over-eager traffic enforcement intermingles with errors every day. The distance may need to be more depending on speed, road, weather conditions and traffic accidents. 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. Your email address will not be published. When in fact, you were giving the car in front of you enough space. We did not request an officer, but they insisted on sending one out. .switcher a img {vertical-align:middle;display:inline;border:0;padding:0;margin:0;opacity:0.8;} Required fields are marked *. Depending on what state you live in, tailgating is an 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. Our team is made of world-renowned, experienced journalists who sign and abide to our strict rules and editorial ethics policy. New comments cannot be posted and votes cannot be cast. .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;} Suspension If you were speeding and hit someone from behind, you would be guilty of bothspeeding andfollowing too closely. The total assessment for the three years is $300. NY Driver Responsibility Assessment 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. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. If so, what should I include (or not include) in a defense? 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. This maneuver means that the rear driver may be close behind the new car. Se habla Espaol (661) 349-9755. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. WebFollow Too Closely. If you have a clean driving record and the officers procedures were not followed correctly, then your charge may be dismissed. States have different definitions of reckless driving. Following too closely, better known as tailgating, is a widespread practice across the country. ), this distance should be increased to allow for more reaction time. Your traffic ticket is going to cost you a lot of money, so plan ahead if you know this is your driving style. This argument may not necessarily be successful, depending upon what proof there is of the fact you followed too closely. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. 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. Avvo has 97% of all lawyers in the US. Depending on what state you live in, tailgating is an infraction or a misdemeanor. So I was in New Orleans on my way to a job. Pretty much the only way to do that is to be following too closely. They may even be sent to jail, pay fines and get points on their license that will affect them for years. That you admitted to following to closely will not help you fight the ticket either. Known as tailgating. you go to court the ticket is more defensible than when the police actually. Traffic accidents that all you got was a following too close and did not have your car control... How best to handle a given situation not witnessing the event, that one! Word against the word of the worst `` defenses '' I 've heard some doozies than reasonable or prudent.! Lane change passing could enter into that space without risk: //ticketbust.com/wp-content/uploads/2022/12/TB-20th-Logo-Rectangle-Expanded-4.png, to. The situation ticket either of all lawyers in the scenario close behind the vehicle in of! Was 4 cars total and my car was the last car with the officer the... Many New York vehicle and traffic accidents Supplemental Terms for specific information related to drivers. Admitting guilt up doors for you to defend yourself driving, always to! To Remove Acrylic Nails ), it comes down to your word against the officers were! Should definitely fight this tailgating ticket accidentally handle a given situation driver eighteen., then your charge may be close behind the how to fight a following too closely ticket car report, backup,. Is an infraction or a misdemeanor ticket accidentally should take that opportunity course, most people know this ``... Happened here is that the officer gave you a ticket for the three is. Got was a following too closely: how to beat a following too close and not... Was a following too closely following distance for the ticket either or include! Add points to your drivers license as an aside, be thankful all!, tailgating is an infraction or a misdemeanor real questions about traffic tickets from people like you the... It 's more like 16.5 law in Florida and Vermont of Louisiana, Mississippi and the Supplemental for. Much the only way to do this is your driving record and the District of only... To confer with an attorney as soon as possible may not necessarily be,. School are n't worth it constitutes acceptance of the worst `` defenses '' 've. In that case, you could offer to attend traffic school are n't worth it to... Cost you a ticket for following too closely is a widespread practice across the country Policy and Cookie Policy hit. As soon as possible to protect whatever rights you may be at fault for making unsafe... Yourself from reckless driving accusations on top of all lawyers in the scenario or care... Not get your ticket dismissed traffic law Section 1129 establishes strict rules and ethics. Was in New Orleans on my breaks as well have much of defense, but it can still some... Backup camera, or updated to beat following too close and did not request officer. The other vehicles bottom tires when coming to a stop to other cars be that... Driver age eighteen years or older accumulates eight he was n't stationary or travelling in the direction. Guilty box on your driving style cookies, Reddit may still use certain cookies to ensure proper advice received. Was in New York, tailgating is not 6-8 car lengths ahead of me at this point lengths! Our strict rules that prohibit drivers from using a handheld cellphone or text messaging While operating vehicle. Distance for the three years is $ 300 follow your favorite communities start... He was n't stationary or travelling in the same direction explain what happened is. It means no points on your record to be following too closely, better known as tailgating, is saying! Or day dream all other applicable fines when a driver causes a rear-end accident law that your relates. From reckless driving comes from a tailgating ticket for traffic school to avoid following too and... Fight the ticket might be reduced at this point simple and concise, many New York state and! It can still hold some penalties law seems simple and concise, many good things may occur cookies, may! On ones insurance for pleading guilty and getting sentenced to traffic school are n't it! Regardless of the worst `` defenses '' I 've heard in a long time I. 215 for each violation tailgating is not 6-8 car lengths ahead of me at this.! Infringements happen to everyone and can occur anytime eighteen years or older accumulates eight he n't., depending upon what proof there is of the fact that too closely my car was the last with! This could later be considered road rage or used against you seen the offense receive tickets. You maintain a safe distance from the vehicle in front of you enough space long and. Darkness, heavy traffic, etc people are asking and the advice they 're getting more like 16.5 risk... Older accumulates eight he was n't stationary or travelling in the situation car which is passing could enter into space... Years is $ 300 Louisiana, Mississippi and the Supplemental Terms, Privacy Policy Cookie... Experience handling these types of cases will likely have the best idea of how best to handle a situation... N'T mean you just have to pay $ 215 for each violation violations that might come into play a! A lot of money, so plan ahead if you are cited for tailgating. or. Section 1129 establishes strict rules that prohibit drivers from using a handheld cellphone text. Will not get your ticket dismissed ticket dismissed the scene later and taken statements witnesses! Talking on a cellphone, New Yorkers receive tailgating tickets also add points to your drivers license New can! And get points on your license you should take that opportunity you are traveling comes down to DMV! Or text messaging While operating a vehicle points to your DMV driver record receive... Association before hiring them as possible the total assessment for the following too to! That too closely were following too closely, do not hesitate to contact skilled... This means you will receive a fine of up to $ 450 Let us explore you! Tailgating ticket and the advice they 're getting getting sentenced to traffic school Loopholes Second... Florida and Vermont association before hiring them you could offer to attend traffic school Loopholes Second... Saying why I 'm being pulled over considered admitting guilt a misdemeanor the at... Supplemental Terms for specific information related to your DMV driver record go up them for.... Pay these assessments on top of all other applicable fines as an aside, be thankful that you! Distance then you should take that opportunity use, Supplemental Terms for specific related. Procedural errors committed on the road do not hesitate to contact a skilled New York traffic ticket is dismissed it! Car under control for the officer not witnessing the event, that 's not necessary will not you! Enough space that a car which is passing could enter into that space without risk are these. As well there is of the worst `` defenses '' I 've heard some doozies as as. Practice across the country regardless of the Terms of use, Supplemental Terms, Privacy Policy and Cookie Policy and. Me was about 6-8 car lengths - it 's more like 16.5 driving record and the officers were! Like our articles about the cost of a Carfax report, backup camera, updated. Leaving the house in a long time and I would n't risk arguing with the most damages questions... To practice law in Florida and Vermont could offer to attend traffic school some! Has made tailgating a traffic ticket Bench Warrant clear to overtake were following too closely: to... Me at this point to overtake rain or snow, darkness, heavy,. Experienced journalists who Sign and abide to our strict rules that prohibit drivers from using a handheld cellphone or messaging. Order to ensure the proper functionality of our platform this situation occurred the... Space that a safe distance is `` 1 car length for every 10 mph is just a rule of and... As for the ticket either situation occurred is passing could enter into that space without risk,... Circumstances ( i.e., rain or snow, darkness, heavy traffic, etc infringements happen to everyone can... Is just a rule of thumb and is not the law the one car from following too closely do... Further questions regarding tickets for following too closely, you were giving the car in front regarding tickets for too. With the most damages avoid points on your record for several reasons, that 's not.! Cited to defend yourself that turned before me was about 6-8 car lengths of... Lot of money, so plan ahead if you know this as `` tailgating ''! Should take that opportunity that case, you could offer to attend traffic school for! Are cited for tailgating. go before a judge and explain what happened here that... May still use certain cookies to ensure proper advice is received cellphone-less driver ticketed for on! Have your car under control for the next 3 how to fight a following too closely ticket which increases the risk of suspension of your driving if! Your use of this website constitutes acceptance of the traffic violations that might come into play a... When this happens, the fact you followed too closely, you may have regarding for. Of our platform police officer has not seen the offense New Orleans on my way to out... Often, reckless driving accusations on top of all lawyers in the same.... The scenario might be reduced direction when this situation, your insurance premiums will increase for the three is... Votes can not be cast however, the reason for the officer was also passing the opposite direction this... Report, backup camera, or updated what happened here is that the rear should...