Thanks for the advice. Years licensed, work experience, education. 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." Se habla Espaol (661) 349-9755. Drive in the correct lane Recall slow traffic should be on the right lane! 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This lawyer was disciplined by a state licensing authority in. 7 Days a Week, Speeding Tickets Your email address will not be published. Mr. Lundeen is licensed to practice law in Florida and Vermont. You can also show up for your initial hearing, or arraignment, and inform the judge of your decision in person. When this happens, the driver who changed lanes may be at fault for making an unsafe lane change. 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. This means you will be assessed one point on your driving record if you are cited for tailgating in Barstow. 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. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. He doesn't need to actually have witnessed the shot. Fight a tailgating ticket can be tough. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. New comments cannot be posted and votes cannot be cast. Although I'm not licensed to practice in your jurisdiction my suggestion would be finding a good lawyer to maybe work out some deal on your behalf. If you have a clean driving record and the officers procedures were not followed correctly, then your charge may be dismissed. Press question mark to learn the rest of the keyboard shortcuts. The benefits of a successful outcome are plentiful: no points, no fines and no need to appear in court. You hit the person in front of you. There is no specific, measured distance a driver must leave between their vehicle and the vehicle in front of them, making the tailgating law even more enigmatic. (New York Department of Motor Vehicles). For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. So I was in New Orleans on my way to a job. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. We can actually fight your ticket for less than the amount of the fine you would have to pay if you were to plead no contest. Report the matter to your insurance company. It is always worth fighting a ticket in court instead of just paying the fine. Reckless driving is one of the more serious offenses you could be charged with for causing a rear-end accident. Post a free question on our public forum. The car that turned before me was about 6-8 car lengths ahead of me at this point. 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. A place to ask simple legal questions, and to have legal concepts explained. 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. For drivers who want to fight this code, the best way is trial by written declaration. 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. Its just that simple. The penalties for a driver following another motorist too closely can be very serious. It gives you the most incredible time and distance to react as necessary to avoid creating (or worsening) an accident. when driving outside residential and business districts, failing to leave sufficient space in front of your vehicle so that another vehicle can enter and occupy that space safely. If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. 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. This shows he was unaware of how fast we were travelling. We give CDL 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.. But a rear-end collision can also result in a traffic citation. For example, if it's raining and you're driving fast, a safe distance is going to be more than it would be when conditions are perfect and you're going slowly. Now this happened within seconds of the other cars hitting one another. An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. How do I fight a no-accident non-speeding following too closely ticket? If you get pulled over for following someone too closely, be prepared to pay a fine of $200. WebThe easiest way to do this is by ticking the not guilty box on your traffic citation and mailing it to the listed address. 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. And I wouldn't risk arguing with the officer on the stand yourself. Move Over Law WebThe law is not to follow "more closely than reasonable or prudent." 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. Even if the car in front of you was only going 40, 1-2 car lengths is still way too close. A fine of up to $450 for a third offense. If you rear-ended someone because you were focused on some task other than driving (like sending a text message), a distracted driving ticket is a possibility. Additionally, having reviewed your previous posts, you need to restrict yourself to providing proper legal advice. .switcher .selected {background:#fff linear-gradient(180deg, #efefef 0%, #fff 70%);position:relative;z-index:9999;} Info was exchanged and we called to report the collision. After violating following too closely, you will receive a fine of $238 and have one point added to your DMV driver record. After a few seconds of them not breaking they slammed on their breaks again causing them to hit one another. First, is to request a hearing and at that hearing request the Court to allow you to enter into a deferred finding. Its important that you talk with an attorney as soon as possible as you have only a limited amount of time to respond to your traffic ticket and you do not want to take a chance on being found guilty of a moving violation and facing the consequences that can result. In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is This helps protect your vehicle, yourself, and your passengers from serious harm or death. The response herein is not legal advice and does not create an attorney/client relationship. Therefore, if you want to go faster move to the left lanes. That's just the way it works. If you were speeding and hit someone from behind, you would be guilty of bothspeeding andfollowing too closely. 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. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. Several vehicles in front of me slammed on their brakes while approaching a cruiser parked in the median. You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. You were following too close and did not have your car under control for the traffic conditions at the time. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. Next, the court will assign you a hearing date. .switcher .option a {color:#000;padding:3px 5px;} 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. Notify your insurance company. Avvo has 97% of all lawyers in the US. Traffic Violations and Tickets Which is not to say you can't fight it if you want. Give yourself enough time Leaving the house in a rush will make you more likely to drive recklessly or too close to other cars. 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. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. 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." If you could not decelerate fast enough to avoid hitting the car in front of you, you were either driving too fast or following too close. This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks. The total assessment for the three years is $75 for each point in addition to the original 6 points. Always be ready to fight back. Wouldn't that negatively affect his ability to judge a "reasonable and prudent" following distance? Seems like pure revenue generation. WebFines. 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. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. Accepted file types: jpg, gif, png, pdf, Max. 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. This field is for validation purposes and should be left unchanged. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. There was 4 cars total and my car was the last car with the most damages. However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. (, Surcharge & Driver Responsibility Assessment. Start with your legal issue to find the right lawyer for you. If there are more than three violations within five years, expect costs to range from $95 to more than $550. Unfortunately, the reason for the following too close will not get your ticket dismissed. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Required fields are marked *. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. file size: 5 MB. The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. Errors committed on the part of your decision in person causing them to hit another. Hearing, or arraignment, and inform the judge of your prosecution field is for validation purposes should! Be very serious can just admit the fault and pay the full amount for the ticket not. Your previous posts, you can just admit the fault and pay the full amount for the too... Get out of Tickets is by ticking the not guilty box on your,. Fault for making an unsafe lane change for a driver following another motorist too closely may cut between cars. 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