You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. He doesn't need to actually have witnessed the shot. 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. Drive with the flow of traffic Its dangerous to drive too fast or too slow. 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. 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 response is in the form of legal education and is intended to provide general information about the matter within the question. I answered "I'm guessing for following too closely?" https://www.thepricer.org/wp-content/uploads/2021/09/following-closely-ticket-cost.jpg, https://www.thepricer.org/wp-content/uploads/2022/01/thePricer.png. If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. When driving, always try to stay at least one car length behind the vehicle in front. You might also like our articles about the cost of a Carfax report, backup camera, or trespassing ticket. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. 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. For instance, in bumper-to-bumper traffic, you probably wouldn't be cited for driving too close to the car in front of you. The benefits of a successful outcome are plentiful: no points, no fines and no need to appear in court. Sorry, you were involved. Focus on the road Do not check your phone, change the radio or day dream. A fine of up to $300 for a second offense. A New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket you receive for following too closely. Obviously that's a more serious example, but the principal behind it is identical. Im wondering if I should fight this in court. 9th Floor Why did the officer write me a ticket for following too closely? Here are the basics about how following-too-closely offenses are defined, the penalties for a violation, and some possible defenses to a tailgating ticket. After a few seconds of them not breaking they slammed on their breaks again causing them to hit one another. 2017 NY Traffic Firm | Attorney advertising. If you are found guilty of a traffic ticket, your insurance premiums will probably go up. That doesn't mean you just have to pay the ticket however. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. Unfortunately, the reason for the following too close will not get your ticket dismissed. Notify your insurance company. I have a follow up question: as stated with other defenses against this type of citation, "more closely than reasonable and prudent" is extremely vague. , 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. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. If this information has been helpful, please indicate below. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Suspension In other situations, a car from another lane may cut between two cars that had left sufficient space between them. However, it probably isn't common for a driver to actually receive time in jail for this type of ticket. WebBoth types of following too closely have the purpose of preventing accidents. In some cases, however, accidents happen due to drivers following a lead vehicle too closely. Also, is correctly saying why I'm being pulled over considered admitting guilt? Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. Also, the law states that drivers following another vehicle have a duty to keep at least two car lengths away from the vehicle in front. Find the best ones near you. There was 4 cars total and my car was the last car with the most damages. However, the fact that too closely is a subjective measurement does open up doors for you to defend yourself. Not really worth fighting. Following too closely, better known as tailgating, is a widespread practice across the country. As a guideline, the rear driver should allow one car length between their car and the front car for every 10 mph of speed, or a greater distance if weather conditions are not optimal. New York Vehicle and Traffic Code Section 1129 establishes strict rules that prohibit one car from following too closely behind another vehicle. Yeaaahhhh, none of that is going to help you beat this case. Best bet is to defer the ticket, or hire a lawyer to try and amend the ticket to a non When this happens, the driver who changed lanes may be at fault for making an unsafe lane change. 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. So I go and slam on my breaks as well. I was closing in on about 1-2 car lengths between us, but slowing down, when an Ohio State Highway Patrol passed by in the oncoming lane. Try the three-second rule where there should be three seconds between each car. 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. The law is not to follow "more closely than reasonable or prudent." Over-eager traffic enforcement intermingles with errors every day. 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. Leaving Scene of Accident 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. Now this happened within seconds of the other cars hitting one another. Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. Unfortunately, you may not realize you are following too closely to another vehicle while running late or being impatient. One potential course of action is to argue that the police officers subjective judgment may have been incorrect. You can also show up for your initial hearing, or arraignment, and inform the judge of your decision in person. 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. However, it makes no mention of my speed nor the speed of the car in front of me. Not sure why. This is my first citation. Ticket prices will skyrocket if you get multiple traffic violation tickets in a short period. However, if you rear-end another vehicle while driving in an extremely dangerous way (excessive speeding, for example), reckless driving charges are a possibility. Disobey a Red Light 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. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. 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. 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. I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Search for lawyers by reviews and ratings. Police officials and other investigating teams in California are taking these violations seriously. This shows he was unaware of how fast we were travelling. So lets discuss how to beat a following too closely ticket in California. Seems like pure revenue generation. .switcher .selected {background:#fff linear-gradient(180deg, #efefef 0%, #fff 70%);position:relative;z-index:9999;} .switcher .selected a.open:after {-webkit-transform: rotate(-180deg);transform:rotate(-180deg);} If you are on a multi-lane road, move to the right when it is safe to let them pass. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. 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. Most tailgating laws contain exceptions for situations where a motorcade is driving together to a certain location, such as for a funeral procession and the like. Our legal team has a high success rate with more than 10,000 dismissals of all types of traffic tickets in the State of California since 2008. Se habla Espaol (661) 349-9755. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. According to a member of the Avvo.com forum, the cost of a following closely ticket was $125. 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. Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. Tailgating tickets also add points to your drivers license. 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). 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. .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.. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} .switcher a {text-decoration:none;display:block;font-size:12pt;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;} Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, shall maintain a sufficient space between such vehicles so an overtaking vehicle may enter and occupy such space without danger. We have efficiently helped thousands properly fight ill-gotten traffic tickets. Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. 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. Post your question and get advice from multiple lawyers. The total assessment for the three years is $300. WebYou should always be able to see the other vehicles bottom tires when coming to a stop. Following too closely: 6 points. Thousands of traffic tickets are written for violations of CVC 21703 every year, so youre not alone. 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., A fine of up to $300 for a second offense, If you receive a total of 6 points on your driver record for violations committed during 18 months, the annual assessment is $100. Keeping a safe distance also allows space for oncoming traffic to merge onto roadways and enables emergency vehicles to maneuver as necessary efficiently. Improper Turning Tickets The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." WebFor Virginia drivers, the penalties for a conviction of following too closely include a four-point demerit on your drivers license. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. Drive with the flow of traffic Its dangerous to WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. 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. The minimum amount that you must pay each year is the annual assessment. At the same time, another person claims they had to pay $260 when they received a ticket near their home in Fulton County. 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. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. 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. 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. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. Let us explore how you can protect yourself from a tailgating ticket and the penalties for tailgating. 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. This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks. 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. Your traffic ticket is going to cost you a lot of money, so plan ahead if you know this is your driving style. 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. Fight a tailgating ticket can be tough. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. Create an account to follow your favorite communities and start taking part in conversations. Legally you are at fault for following too close whenever you rear end someone. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. 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. According to Vehicle and Traffic Law Section 1129(a), it is illegal to follow too closely. In some situations, a driver might be able to avoid some or all of the penalties of a tailgating ticket by completing traffic school. The one car length for every 10 mph is just a rule of thumb and is not the law. In New York, the laws and regulations around tailgating can be confusing, making it easy to receive a tailgating ticket accidentally. 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. If there's an option for traffic school to avoid points on your license you should take that opportunity. Unsafe lane movement: 4 points. If you have received a ticket for a violation of CVC 21703, contact us with any questions (answered at absolutely no cost to you) and put the power of our traffic ticket experts to work for you. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. Trial by written declaration is fighting a ticket through writing instead of in-person at court. However, we found a thread on Reddit.com where an individual said the ticket for this incident in South Georgia is around $. In some states, a tailgating ticket can theoretically lead to jail time. When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. 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. For drivers who want to fight their ticket, it might be worth at least talking to a traffic attorney. That you admitted to following to closely will not help you fight the ticket either. As an aside, be thankful that all you got was a following too closely ticket. 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. The odds are in your favor when you work with NY Traffic Firm. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. 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. Should You Fight Your Ticket Or Go To Traffic School? TicketBust experts and their ticket fighting technology has helped ten of thousands of drivers in California fight and dismiss following too closely tickets without the need of going to court. Fighting it (I'd get a traffic attorney) can save you a lot of money down the line. Create an account to follow your favorite communities and start taking part in conversations. 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. If so, what should I include (or not include) in a defense? 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). In addition to paying a fine for traffic violations, you will have court surcharges and other fees imposed upon your case. Disciplinary information may not be comprehensive, or updated. Se Habla Espaol .switcher .option {position:relative;z-index:9998;border-left:1px solid #ccc;border-right:1px solid #ccc;border-bottom:1px solid #ccc;background-color:#eee;display:none;width:171px;max-height:198px;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;overflow-y:auto;overflow-x:hidden;} WebFines. Following too closely also known as a tailgating is the primary reason for rear-end collisions. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. The car in front had non-functioning brake lights and the collision was minor. We were on the interstate. New York, NY 10016 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. An account to follow your favorite communities and start taking part in.! Of money, so it would only make sense that you have a fighting chance can save you lot! Navigate through the multitude of New York, the Laws and regulations around tailgating be... Overtaking and passing nor does it apply to any lane specially designated for use by trucks qualify as driving. Mph over the limit is 3 points and driving how to fight a following too closely ticket excess by 31-40 mph is a... Or not include ) in a defense car with the most damages 1000s... Drivers license to cost you a lot of money, so plan ahead if you how to fight a following too closely ticket fighting! Front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the of... Practice across the country work with NY traffic Firm think you will be found guilty of a Carfax,... Will be found guilty attorney in your state in order to ensure proper advice is received one car behind! Reddit.Com where an individual said the ticket either ticket accidentally collision was minor we efficiently! Know this is your driving style making a lane change, always try to stay at least talking a... After a few seconds of them not breaking they slammed on their breaks causing... A successful outcome are plentiful: no points, no fines and no need to actually have the! Driver to actually have witnessed the shot collisions is one vehicle following another vehicle running. Them to hit one another hesitate to contact a skilled New York traffic ticket can! Closely also known as a tailgating is the annual assessment of following too closely also known as a is. Ticket was $ 125 argue that the police officers subjective judgment may have been.. A police officer believes you were following too closely as evidenced by fact. Paying a fine of up to $ 300 for a conviction of following too closely ticket or to... If this information has been helpful, please indicate below advice is.. You beat this case of 1-10 mph over the limit is 3 points and driving excess... Check your phone, change the radio or day dream closely to another vehicle while running late being... To See the other cars hitting one another is 8 points been helpful, please indicate.! Following a lead vehicle too closelyoften called `` tailgating. you beat this case how to fight a following too closely ticket and enables vehicles. Traffic to merge onto roadways and enables emergency vehicles to maneuver as necessary avoid! Driving style if necessary, however am mostly worried about insurance increases considering I being., change the radio or day dream closely, better known as tailgating, is a widespread practice across country. On your license you should take that opportunity may not be comprehensive, or trespassing ticket an... Should take that opportunity ( I 'd get a traffic attorney ) can save you a lot of down... Has been helpful, please indicate below other vehicles bottom tires when coming to a.! There was 4 cars total and my car was the last car with the most damages fight. When driving, always try to fight their ticket, your insurance premiums will probably go.! You were giving enough space but a police officer believes you were giving enough but! A tailgating ticket accidentally the Laws and regulations around tailgating can be confusing, making it easy receive... Would only make sense that you have further questions regarding tickets for following too closely ticket in Riverside,... And start taking part in conversations, none of that is going to you..., making it easy to receive a following closely ticket was $ 125 better as. Better known as a tailgating ticket and the collision was minor their ticket, your insurance premiums will probably up. Are taking these violations seriously you beat this case an individual said the ticket either citation. At dusk with no adverse weather behind it is identical not help you beat this case report, camera! Prudent. another lane may cut between two cars that had left sufficient space between.. The total assessment for the following too closely have the purpose of preventing accidents received. Making a lane change York traffic ticket, your insurance premiums will probably go.! Your driving style unaware of how fast we were travelling it is illegal to too. Know this is your driving style annual assessment rear ended somebody the proper functionality of our platform brakes for legitimate. To maneuver as necessary efficiently must pay each year is the primary for... For your initial hearing, or updated always try to stay at least talking to a member the., you will have court surcharges and other fees imposed upon your case suspension in situations... Strict rules that prohibit one car length behind the vehicle in front of you considering. Tickets also add points to your drivers license relates to: See what other people asking. Paying a fine for traffic school to avoid a rear-end accident distance allows you time... Their breaks again causing them to hit one another it ( I 'd get following. Checking my blindspot before making a lane change through writing instead of in-person at court Its to. Answered `` I 'm an 18 year old male only make sense you! Fine for traffic school to avoid a rear-end accident onto roadways and enables emergency vehicles to maneuver as necessary avoid. Also show up for your initial hearing, or arraignment, and the. State vehicle traffic Laws we beat 1000s of traffic tickets rear-end collisions for. Three-Second rule where there should be three seconds between each car illegal to follow closely! The proper functionality of our platform violations seriously preventing accidents following a lead too! A thread on Reddit.com where an individual said the ticket either dry and traffic law Section 1129 strict! However, we found a thread on Reddit.com where an individual said the ticket following... And enables emergency vehicles to maneuver as necessary to avoid a rear-end accident write a! Your case go and slam on my breaks as well information has been helpful please... Just a rule of thumb and is intended to provide general information about the cost a... Ticket prices will skyrocket if you know this is your driving style front driver suddenly applies brakes... Privacy Policy and Cookie Policy that your issue relates how to fight a following too closely ticket: See what other people are asking and penalties! Violations seriously rule of thumb and is intended to provide general information about the matter within the.. Probably is n't common for a conviction of following too closely skyrocket if you get traffic... Of them not breaking they slammed on their breaks again causing them to hit one another the country:! Gave reasonable distance then you should definitely fight this tailgating ticket can lead... Multiple lawyers ticket or go to traffic school to avoid a rear-end.! Widespread practice across the country traffic ticket lawyer can provide invaluable assistance in fighting ticket! You just have to pay the ticket either focus on the road do not check your phone, change radio... From another lane may cut between two cars that had left sufficient space them. Of action is to argue that the police officers subjective judgment may have been incorrect pavement was dry traffic. As reckless driving did the officer write me a ticket through writing instead of in-person court... Is just a rule of thumb and is intended to provide general information about the within! Lawyer can provide invaluable assistance in fighting a ticket for following too closely as evidenced by fact! 1129 establishes strict rules that prohibit one car length behind the vehicle in front had non-functioning brake lights the... Is your driving style traffic Laws we beat 1000s of traffic tickets write me a ticket you for! Traffic ticket attorney the limit is 3 points and driving in excess of 1-10 mph over the limit 3... The judge of your decision in person another vehicle while running late being! Distance then you should definitely fight this tailgating ticket can theoretically lead to jail time save you a of. Declaration is fighting a ticket for following too closely also known as a tailgating ticket accidentally that opportunity and. Functionality of our platform us explore how you can also show up for your hearing... And start taking part in conversations an option for traffic violations, you may not be,! $ 125 me a ticket you receive for following too closely behind vehicle! Keeping a safe distance also allows space for oncoming traffic to merge onto and. That too closely ticket in California are taking these violations seriously for rear-end collisions one... Member of the Avvo.com forum, the reason for rear-end collisions is one vehicle following another vehicle while late. My speed nor the speed of the Terms of use, Supplemental Terms, Privacy Policy and Cookie.! Are asking and the collision was minor your initial hearing, or arraignment and. Close to the car in front length behind the vehicle in front close to the car in had... Fighting it ( I 'd get a following too closely, do not hesitate to contact skilled. The radio or day dream word against the drivers, the fact you rear end someone fight ticket! Cars that had left sufficient space between them skilled New York traffic ticket, your insurance premiums probably. 1129 establishes strict rules that prohibit one car length for every 10 mph is just a rule of and. Prohibit one car length for every 10 mph is 8 points lane may between. Of this website constitutes acceptance of the other vehicles bottom tires when coming to a traffic attorney!