According to most state standards and local laws, this reasonable distance is measured at two car lengths, but you must know where your towns regulations fall on this spectrum. Getting four points would get you more than 1/3 of the way towards a suspension of your license under this rule. Following Too Closely Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. Se habla Espaol (661) 349-9755. Do not slow down or speed up suddenly. 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. 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 should seek the advice of legal counsel in your respective jurisdiction for a more complete answer. Keeping a safe distance also allows space for oncoming traffic to merge onto roadways and enables emergency vehicles to maneuver as necessary efficiently. You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. Find the best ones near you. Following too closely: 6 points. This helps protect your vehicle, yourself, and your passengers from serious harm or death. Even if the car in front of you was only going 40, 1-2 car lengths is still way too close. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. The total assessment for the three years is $300. Our team is made of world-renowned, experienced journalists who sign and abide to our strict rules and editorial ethics policy. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. However, it makes no mention of my speed nor the speed of the car in front of me. 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." Police officers and the courts in California take these violations very seriously. 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. If you get pulled over for following someone too closely, be prepared to pay a fine of $200. You violated this law. If you rack up 18 of these points within two years, your penalty could be either probation or Indiana license suspension. Better understand your legal issue by reading guides written by real lawyers. 432 Park Ave South It is important to keep a safe distance from the car in front of you as you do not know what they made do such as brake suddenly. Se habla Espaol (661) 349-9755. 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. The minimum amount that you must pay each year is the annual assessment. 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. Unsafe Lane Change and Improper Passing Traffic Tickets. This argument may not necessarily be successful, depending upon what proof there is of the fact you followed too closely. 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. However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. Drive with the flow of traffic Its dangerous to drive too fast or too slow. They stopped breaking so I sorta stopped breaking too. If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. WebThe law is not to follow "more closely than reasonable or prudent." The minimum amount that you must pay each year is the annual assessment. WebYour lawyer will fight to protect you from consequences such as a 4-point addition to your driving record, fines and increased insurance premiums. Failure To Yield However, it probably isn't common for a driver to actually receive time in jail for this type of ticket. Press question mark to learn the rest of the keyboard shortcuts. Consider pulling into a parking lot or gas station on a single-lane highway to let them pass. 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. The average first offense for following too closely can be anywhere between $90 and $350 depending on where in the country you get fined and your driving record (and if its just one or two citations). 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. The response is in the form of legal education and is intended to provide general information about the matter within the question. 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. Hiring a traffic violation lawyer can be expensive, but it is your best bet to keep points off the record and avoid hefty fines. Now this happened within seconds of the other cars hitting one another. (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. Your email address will not be published. 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. 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. Always be ready to fight back. 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. If you receive more than 6 points on your driver record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points. See here for the math: https://www.reddit.com/r/legaladvice/comments/5g0eib/who_is_liable_for_the_damage_done_to_each_car/daokmjh/. This shows he was unaware of how fast we were travelling. The car in front stops by some means other than using its brakes, resulting in a much faster stopping time than would be normal. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. This means you will be assessed one point on your driving record if you are cited for tailgating in Barstow. Out-Of-State Drivers In its most extreme forms, it can escalate into aggressive driving or even road rage when the following driver is WebThe easiest way to do this is by ticking the not guilty box on your traffic citation and mailing it to the listed address. When in fact, you were giving the car in front of you enough space. You should not rely on this advice alone. Cellphone-less driver ticketed for talking on a cellphone, New Law Closes Traffic School Loopholes For Second Offenders, Traffic Ticket Bench Warrant? 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. As an aside, be thankful that all you got was a following too closely ticket. For more information about New Yorks tailgating laws or to discuss your defense options, contact us for a free consultation! Notify your insurance company. Not really worth fighting. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. (, Surcharge & Driver Responsibility Assessment. 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. It gives you the most incredible time and distance to react as necessary to avoid creating (or worsening) an accident. We give CDL So your opti Its just that simple. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. After a few seconds of them not breaking they slammed on their breaks again causing them to hit one another. Move Over Law The minimum amount that you must pay each year is the annual assessment. ), this distance should be increased to allow for more reaction time. Drivers can expect to pay $215 for each violation. 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. I don't have any legal advice for you, but I have some driving advice: 1 car length per 10 mph is way too close. California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. 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. 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. Post your question and get advice from multiple lawyers. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. .switcher .option::-webkit-scrollbar-track{-webkit-box-shadow:inset 0 0 3px rgba(0,0,0,0.3);border-radius:5px;background-color:#f5f5f5;} I'm an 18 year old male, from Ohio. Accepted file types: jpg, gif, png, pdf, Max. WebFollow Too Closely. (212) 683-7373 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. This field is for validation purposes and should be left unchanged. Your email address will not be published. Police officials and other investigating teams in California are taking these violations seriously. 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. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. Se Habla Espaol 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NYC Office A fine of $ 200 will be found guilty enough space them and the vehicle in front them!, depending upon what proof there is of the way towards a suspension of license! On your posting, I think you will be assessed one point on your driving record fines. 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