It could be the officer had a bad vantage point and believed you were too close. Fairfax County has a strict vehicle code that mandates that it will cost you $95 for the basic fine when following another car too closely. Otherwise it's up to you. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. #selected_lang_name {float: none;} 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. 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. An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. New comments cannot be posted and votes cannot be cast. The reasonable spacing between vehicles depends on the speed limit, traffic volume and road conditions. If you get pulled over for following someone too closely, be prepared to pay a fine of $200. Not really worth fighting. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. Thats where this law can be tricky because from an officers vantage point it may appear that you are driving too closely to the vehicle in front of you while from your own view, you are following at a safe distance. Of course, most people know this as "tailgating." Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Usually what Good luck. 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. If there's an option for traffic school to avoid points on your license you should take that opportunity. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. .switcher a {text-decoration:none;display:block;font-size:12pt;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;} In some states, the information on this website may be considered a lawyer referral service. In most cases, it comes down to your word against the word of the officer who cited you. 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. Copyright 20082023 Ticket Snipers All Rights Reserved. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. This maneuver means that the rear driver may be close behind the new car. You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer. 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.). They may even be sent to jail, pay fines and get points on their license that will affect them for years. California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. 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. This is because theyre in violation of state law. To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. So lets discuss how to beat a following too closely ticket in California. 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. However, it makes no mention of my speed nor the speed of the car in front of me. NY Driver Responsibility Assessment As an aside, be thankful that all you got was a following too closely ticket. Depending on the law of the state where you receive the ticket and other circumstances, following too closely is normally a traffic infraction or a misdemeanor. 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. 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. The minimum amount that you must pay each year is the annual assessment. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. The distance may need to be more depending on speed, road, weather conditions and traffic accidents. Additionally, they dont have to go to traffic school or see their insurance rates increase. WebSome examples of Indiana traffic ticket violations include: Driving 1-15 MPH over the speed limit: 2 points. 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. 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. The consequences on ones insurance for pleading guilty and getting sentenced to traffic school aren't worth it. .switcher .option a.selected {background:#fff;} WebFines. Additionally, having reviewed your previous posts, you need to restrict yourself to providing proper legal advice. A fine of up to $300 for a second offense. Create an account to follow your favorite communities and start taking part in conversations. This means that the convoy must have a distance of at least one car between the two vehicles. The total assessment for the three years is $300. But a rear-end collision can also result in a traffic citation. 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. Consider pulling into a parking lot or gas station on a single-lane highway to let them pass. The proper distance between the front car and the rear car will depend on the speed of the cars. If the ticket is dismissed, it means no points, no fine and no court! When you go before a judge and explain what happened, many good things may occur. In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. NYC Motorcycle Laws Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. 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. We give CDL .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;} Search for lawyers by reviews and ratings. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. WebFor Virginia drivers, the penalties for a conviction of following too closely include a four-point demerit on your drivers license. The minimum amount that you must pay each year is the annual assessment. Do Not Sell or Share My Personal Information. Maintaining a safe distance from the vehicle in front of you is essential for several reasons. .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} Real answers from licensed attorneys. If you rack up 18 of these points within two years, your penalty could be either probation or Indiana license suspension. 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. Following Too Closely: How to Fight a Ticket for Following Too Closely. 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. You should not rely on this advice alone. 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. 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. 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.. The total assessment for the three years is $75 for each point in addition to the original 6 points. 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. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. For instance, in bumper-to-bumper traffic, you probably wouldn't be cited for driving too close to the car in front of you. Press J to jump to the feed. 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. So I go and slam on my breaks as well. 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. 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. As a result, every state has made tailgating a traffic violation. answers to questions are for general purposes only and do not establish an attorney-client relationship. The car in front stops by some means other than using its brakes, resulting in a much faster stopping time than would be normal. If this information has been helpful, please indicate below. WebFollowing too closely is considered a moving violation. If you were speeding and hit someone from behind, you would be guilty of bothspeeding andfollowing too closely. 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. Fight your ticket today! Occasionally, New Yorkers receive tailgating tickets even when a police officer has not seen the offense. No matter the circumstances, a four-wheel vehicle cutting in too soon, or in the LEOs perspective, you were following too close for the weather conditions, give Bigger & Harman a call, (661) 349-9300. 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. 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. That is the exact reason you should fight a tailgating ticket because it is your word against the officers. 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. Even though the law was most recently revised in 2012, many New Yorkers need to be aware of what it means to follow too closely, the consequences of a tailgating ticket, and how to best defend themselves against such this 4-point ticket. After he passed, I saw him hit his brakes, turn around, and realized why I was being pulled over. Tailgating Traffic Tickets Following too closely, better known as tailgating, is a widespread practice across the country. You may also need to keep the driver responsibility assessment in mind. Stop Sign Tickets This way you avoid tailgating cars or trucks that are moving slower. 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. I'm an 18 year old male, from Ohio.
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