However, it makes no mention of my speed nor the speed of the car in front of me. Drivers need to know that if they get too many points on their license more than 11 points in 18 months their license is subject to being suspended. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. 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. 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. You need a lawyer who knows what questions to ask so that the officer can't make a weak "following too closely case" sound like you're a hazard to public safety just for keeping up with traffic. 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. This is not the forum for your rants about the law or the legal process. The officer was also passing the opposite direction when this situation occurred. , 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. 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.. Press question mark to learn the rest of the keyboard shortcuts. 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 I then tried my hardest to slam on my breaks I even tried getting into the other lane but i wasnt far enough anymore to where I hit the car in front of me. The response is in the form of legal education and is intended to provide general information about the matter within the question. Additionally, they dont have to go to traffic school or see their insurance rates increase. As I hit between 40 and 45 MPH, I realized the car in front of me wasn't going to continue to accelerate to 55 MPH and that I had to slow down or overtake. Following Too Close Violation, Tailgating Tickets are Expensive 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. In such situations, this type of ticket is more defensible than when the police officer actually observes the offense. Unsafe lane movement: 4 points. This shows he was unaware of how fast we were travelling. A fine of up to $450 for a third offense. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. 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. So what is a reasonable following distance? As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. 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. A driver who receives a citation for following another motorist too closely could be found guilty of a moving violation that results in four points on his license and a $235 fine, even for a first offense. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. It is a fee you must pay to New Yorks Department of Motor Vehicles over 3 years if you are convicted of certain traffic offenses in New York State or accumulate six or more points on your driving record within 18 months. 21703 driving law claims you must give reasonable or prudent distance. Therefore, this ticket is really your word against the officers. NYC Motorcycle Laws A New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket you receive for following too closely. He wasn't stationary or travelling in the same direction. Reckless driving is one of the more serious offenses you could be charged with for causing a rear-end accident. Police officers and the courts in California take these violations very seriously. .switcher .selected a:hover {background:#fff} The odds are in your favor when you work with NY Traffic Firm. .switcher .option::-webkit-scrollbar-track{-webkit-box-shadow:inset 0 0 3px rgba(0,0,0,0.3);border-radius:5px;background-color:#f5f5f5;} Info was exchanged and we called to report the collision. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. WebYes. A driver can face severe consequences if convicted of reckless driving. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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 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. They stopped breaking so I sorta stopped breaking too. Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. 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. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. .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.. Basically, you have two options to keep this off your record. You will have to pay these assessments on top of all other applicable fines. Required fields are marked *. This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. 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. 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. Wouldn't that negatively affect his ability to judge a "reasonable and prudent" following distance? Suppose an officer determines that you were driving recklessly during the same incident in which you received a tailgating ticket. Following too closely: 6 points. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. Reckless driving is normally a misdemeanor offense. We have efficiently helped thousands properly fight ill-gotten traffic tickets. If you are on a multi-lane road, move to the right when it is safe to let them pass. If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. Attorneys with experience handling these types of cases will likely have the best idea of how best to handle a given situation. However, if you rear-end another vehicle while driving in an extremely dangerous way (excessive speeding, for example), reckless driving charges are a possibility. Following too closely, better known as tailgating, is a widespread practice across the country. At the same time, another person claims they had to pay $260 when they received a ticket near their home in Fulton County. 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.). document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); ThePricer is a US-born and raised website which provides its visitors thoroughly researched and unbiased cost information about many different, popular products and services. 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. 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. Thats where we come in. 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. Unfortunately, you may not realize you are following too closely to another vehicle while running late or being impatient. Hiring a traffic violation lawyer can be expensive, but it is your best bet to keep points off the record and avoid hefty fines. 13. A fine of up to $300 for a second offense. The penalties for a driver following another motorist too closely can be very serious. Fight a tailgating ticket can be tough. 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. Traffic infringements happen to everyone and can occur anytime. Im wondering if I should fight this in court. Create an account to follow your favorite communities and start taking part in conversations. We fight any New York State traffic ticket. While you may be able to develop and argue other winning defenses by yourself, it is recommended that you seek legal counsel to assist in proving that you were not tailgating. Disobey a Red Light .switcher .option a {color:#000;padding:3px 5px;} In some cases, however, accidents happen due to drivers following a lead vehicle too closely. 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. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. WebFines. Depending on the state, this type of violation would be one or two points on a driving record. In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is frustrated with the speed of the lead driver. WebFollowing too closely is considered a moving violation. Chances are, we can help you as well. Good luck. Of course, most people know this as "tailgating." An officer who has issued a ticket based on a rear-end collision often did not witness the accident. 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. Good luck. 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. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. As I was driving (not following too close at all) I saw a few cars in front of me slam on their breaks. 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