These statements could come back to haunt you in a traffic ticket trial or personal injury case, since admissions by a party will be admissible even if they are technically hearsay. Im wondering if I should fight this in court. I was on my way home from work, accelerating after a turn onto a 2-lane, 55 MPH road (SR 582). You should not rely on this advice alone. .switcher .option::-webkit-scrollbar-track{-webkit-box-shadow:inset 0 0 3px rgba(0,0,0,0.3);border-radius:5px;background-color:#f5f5f5;} Should you choose to fight the following too closely ticket in court (more on how to do that later), you could end up having the charges dismissed. Also, is correctly saying why I'm being pulled over considered admitting guilt? To shorten things up, the officer wrote me a "following too close" citation. (212) 683-7373 This shows he was unaware of how fast we were travelling. All states have laws that prohibit drivers from following another vehicle too closely. Reddit and its partners use cookies and similar technologies to provide you with a better experience. They may have been called to the scene later and taken statements from witnesses. How Much Does It Cost to Remove Acrylic Nails. 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. Which is not to say you can't fight it if you want. As I was driving (not following too close at all) I saw a few cars in front of me slam on their breaks. When you go before a judge and explain what happened, many good things may occur. Under these circumstances, the rear driver should leave enough space that a car which is passing could enter into that space without risk. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. This means you will be assessed one point on your driving record if you are cited for tailgating in Barstow. I do not know how much the fine is yet, but would assume it's between $150 and $200. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. We give CDL 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. 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.. Start with your legal issue to find the right lawyer for you. 13. .switcher .selected a:hover {background:#fff} The minimum amount that you must pay each year is the annual assessment. Additionally, they dont have to go to traffic school or see their insurance rates increase. Remember that your drivers license may be suspended if you get 11 points in 18 months. Improper Turning Tickets 432 Park Ave South 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, the fact that too closely is a subjective measurement does open up doors for you to defend yourself. NY Driver Responsibility Assessment Reckless driving is normally a misdemeanor offense. Reckless driving is driving with a willful or wanton disregard for the safety of others or a willful disregard for the potential consequences of ones actions. Also, tailgating laws typically provide flexibility by requiring leaving space in front of your vehicle whenever "conditions permit." A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. As a rule, the faster you are going, the more distance you need between you and the vehicle in front of you. And I wouldn't risk arguing with the officer on the stand yourself. Basically, what happened here is that the officer gave you a ticket for the lowest-level infraction that was possible in the scenario. You're responsible for maintaining a safe, collision-avoiding distance. You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} 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. However, it makes no mention of my speed nor the speed of the car in front of me. If so, what should I include (or not include) in a defense? 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. 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. This works most frequently in minor collisions where it's easier to convince a judge that the relatively small bit of additional warning would have prevented the accident. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. This paragraph shall not apply to funeral processions. Try to maintain your composure and make space for them to pass. Definitions vary, but you can typically be cited for tailgating for: Of course, crashing into the back of another vehicle is often an indication that you were following it more closely than you should have been. Depending on what state you live in, tailgating is an document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Weiss & Associates, PC All Rights Reserved | Attorney Advertising. 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. 7 Days a Week, Speeding Tickets This is considered a moving violation in Georgia, so it will also add points to Leaving Scene of Accident Once you receive your written defense package, sign the defense and mail it to the traffic court. Outside a municipal corporation, the driver of any truck, or motor vehicle when drawing another vehicle, while ascending to the crest of a grade beyond which the driver's view of a roadway is obstructed, shall not follow within three hundred feet of another truck, or motor vehicle drawing another vehicle. 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. It sounds like a valid ticket. The reasonable spacing between vehicles depends on the speed limit, traffic volume and road conditions. State laws may presume that the rear driver was at fault in these cases because they were following too closely, but this is not always true. This Reply which is intended to be helpful to the Avvo Community, does not constitute legal advice and does not create any attorney-client relationship. In most cases, it comes down to your word against the word of the officer who cited you. Otherwise it's up to you. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. WebIf you received a following too closely traffic ticket as a result of a rear end accident, then you need to fight it as it is probably the wrong charge for the situation. Do not slow down or speed up suddenly. A fine of up to $450 Better understand your legal issue by reading guides written by real lawyers. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. This is your only warning. You could get lucky, who knows, especially since it's your first. Mr. Lundeen is licensed to practice law in Florida and Vermont. Violation of this code is commonly referred to as tailgating. The minimum amount that you must pay each year is the annual assessment. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. Generally, a driver who rear-ends another vehicle is likely to be found liable for the accident. If there are more than three violations within five years, expect costs to range from $95 to more than $550. 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. This paragraph shall not apply to any lane specially designated for use by trucks. 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. 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. You hit the person in front of you. One or two care lengths at 40-50 mph is no where near reasonable regardless of the situation. 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. They stopped breaking so I sorta stopped breaking too. WebTry to convince the judge to keep the infraction off your record. The DMV could suspend your drivers license if you receive: 4 points on your driving record within one year 6 points within two years, or 8 points within three years .switcher a img {vertical-align:middle;display:inline;border:0;padding:0;margin:0;opacity:0.8;} Keep at Is it worth fighting? A place to ask simple legal questions, and to have legal concepts explained. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. This violation often arises in the aftermath of a rear-end collision. Truck Tickets In some states, the information on this website may be considered a lawyer referral service. Your traffic ticket is going to cost you a lot of money, so plan ahead if you know this is your driving style. 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. 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. Chances are, we can help you as well. It is generally defined as following another vehicle in the same lane more closely than would be reasonable in view of traffic, road, and weather conditions.
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