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. If someone is tailgating you, you should do a few things: Since 1991, the traffic lawyers at Weiss & Associates, PC, have helped over 100,000 motorists in court. Press J to jump to the feed. 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. .switcher a:hover img {opacity:1;} 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. When driving, always try to stay at least one car length behind the vehicle in front. Depending on the state, this type of violation would be one or two points on a driving record. Ticket prices will skyrocket if you get multiple traffic violation tickets in a short period. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. You should not rely on this advice alone. .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;} 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. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. He wasn't stationary or travelling in the same direction. Police officials and other investigating teams in California are taking these violations seriously. That is the exact reason you should fight a tailgating ticket because it is your word against the officers. Obstructing Intersection A place to ask simple legal questions, and to have legal concepts explained. You are at fault. There was 4 cars total and my car was the last car with the most damages. Find the best ones near you. WebYes. Post a free question on our public forum. He saw the result and that's enough. This violation carries 4 points on your drivers license as well as a fine and surcharge. 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. If so, what should I include (or not include) in a defense? The attorney listings on this site are paid attorney advertising. Of course, most people know this as "tailgating." it is your insurance company which will defend and indemnify you. These more general laws can apply to activities like eating, putting on makeup, reading a newspaper, and the like. Search for lawyers by reviews and ratings. 9th Floor Occasionally, New Yorkers receive tailgating tickets even when a police officer has not seen the offense. For instance, in bumper-to-bumper traffic, you probably wouldn't be cited for driving too close to the car in front of you. In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. Anyone who is cited for following too closely should talk with a lawyer about what they can do to try to keep this black mark off of a driving record. I do not know how much the fine is yet, but would assume it's between $150 and $200. The total assessment for the three years is $75 for each point in addition to the original 6 points. Also, tailgating laws typically provide flexibility by requiring leaving space in front of your vehicle whenever "conditions permit." 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. In some states, the information on this website may be considered a lawyer referral service. Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. failing to leave sufficient space in front of your vehicle so that another vehicle can enter and occupy that space safely (outside residential and business districts). Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. Most statesincluding California and New Yorkhave distracted driving laws that prohibit drivers from using a handheld cellphone or text messaging while operating a vehicle. WebThe cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." 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). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NYC Office You don't use that language here. While most tickets add 2 or 3 points, tailgating tickets add 4 points to your license, so you know law enforcers take it very seriously. Basically, you have two options to keep this off your record. Section 1129(a) of Vehicle And Traffic Law says this: A vehicle shall not follow another 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., which means you cant get too close when driving behind somebodys car, motorbike or behind cyclists. Bring proof that They may have been called to the scene later and taken statements from witnesses. Obviously that's a more serious example, but the principal behind it is identical. This distance allows you enough time to stop or slow down as necessary to avoid a rear-end accident. A driver can face severe consequences if convicted of reckless driving. 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. For example, if they gave you a citation that was too vague NYC Motorcycle Laws They may even be sent to jail, pay fines and get points on their license that will affect them for years. In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. Your email address will not be published. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. Reckless driving is normally a misdemeanor offense. New comments cannot be posted and votes cannot be cast. Give yourself enough time Leaving the house in a rush will make you more likely to drive recklessly or too close to other cars. Suspension Different types of traffic violations count for different numbers of points. New York Vehicle and Traffic Code Section 1129 establishes strict rules that prohibit one car from following too closely behind another vehicle. The odds are in your favor when you work with NY Traffic Firm. Following too closely, better known as tailgating, is a widespread practice across the country. Disobey a Red Light That doesn't mean you just have to pay the ticket however. ExpertLaw.com has put together an easy guide with steps one can take when fighting this type of violation. Even though each ticket is given for an individual offense, the total cost can add up quickly and may result in points on your driving record or even jail time.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'thepricer_org-box-4','ezslot_5',137,'0','0'])};__ez_fad_position('div-gpt-ad-thepricer_org-box-4-0'); In New Orleans, State Statute violations cost an extra $20. Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. .switcher .selected a:hover {background:#fff} 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. I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. Info was exchanged and we called to report the collision. Following Too Closely This saves every driver time and money. If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. 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. I was on my way home from work, accelerating after a turn onto a 2-lane, 55 MPH road (SR 582). It is possible that the officer not be present at the court hearing, which means your punishment for this infraction will be canceled out completely. The minimum amount that you must pay each year is the annual assessment. 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. Keep at Always leave a 60 meters distance between vehicles. The officer was also passing the opposite direction when this situation occurred. As an aside, be thankful that all you got was a following too closely ticket. To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. It could be the officer had a bad vantage point and believed you were too close. Once you receive your written defense package, sign the defense and mail it to the traffic court. 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. 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. 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.. Try to maintain your composure and make space for them to pass. If you are on a multi-lane road, move to the right when it is safe to let them pass. Accepted file types: jpg, gif, png, pdf, Max. Some states, like Wisconsin, also have more general laws that make it illegal to do anything while driving that distracts from operating the vehicle safely. This is my first citation. This shows he was unaware of how fast we were travelling. Move Over Law Truck Tickets 432 Park Ave South Drivers can expect to pay $215 for each violation. Over-eager traffic enforcement intermingles with errors every day. You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. Our lawyers specialize in traffic law across New York State, and we make your traffic issue as easy as possible. Further, receiving too many points within a specific period can result in costly consequences: If you receive a total of 6 points on your driver record for violations committed during 18 months, the annual assessment is $100. ", The officer cited me for "Following Too Close, " ORC 4511.34. Additionally, they dont have to go to traffic school or see their insurance rates increase. 13. 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. Im wondering if I should fight this in court. Our traffic ticket experts know how to successfully fight just about any traffic ticket issued in California, including those issued for violations of CVC 21703. Even if the car in front of you was only going 40, 1-2 car lengths is still way too close. Tailgating. to other cars mostly worried about insurance increases considering I 'm 18... 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