If the vehicle is driven as a convoy, the rules stipulate that there must be enough space between the two vehicles so that the other vehicles can easily participate in the convoy. To avoid following too closely ticketL Focus on the road Do not check your phone, change the radio or day dream. In some cases, however, accidents happen due to drivers following a lead vehicle too closely. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. 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. The minimum amount that you must pay each year is the annual assessment. The odds are in your favor when you work with NY Traffic Firm. Take Advantage Of New Program Today, Redflex Red Light Camera Company Cant Escape Litigation, Ticket Snipers Guarantees Red Light Camera Traffic Ticket Dismissal For California Drivers | Ticket Snipers, Redflex Bribery Scandal Spreads Nationwide. 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. See here for the math: https://www.reddit.com/r/legaladvice/comments/5g0eib/who_is_liable_for_the_damage_done_to_each_car/daokmjh/. it is your insurance company which will defend and indemnify you. If the ticket is dismissed, it means no points, no fine and no court! Failure To Yield So what is a reasonable following distance? 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. Keeping a safe distance also allows space for oncoming traffic to merge onto roadways and enables emergency vehicles to maneuver as necessary efficiently. 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. Mr. Lundeen is licensed to practice law in Florida and Vermont. However, the fact that too closely is a subjective measurement does open up doors for you to defend yourself. 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. 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. You were following too close and did not have your car under control for the traffic conditions at the time. He said that was correct and that a safe distance is "1 car length for every 10 MPH. As some of the attorneys already pointed out (some in more professional manner than others), your defense will not help you in court. We fight any New York State traffic ticket. 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. 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. Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. We have efficiently helped thousands properly fight ill-gotten traffic tickets. This means your insurance premiums will increase for the next 3 years which increases the risk of suspension of your driving license. You should not rely on this advice alone. .l_name {float: none !important;margin: 0;} 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. Find the best ones near you. Avvo has 97% of all lawyers in the US. So I was in New Orleans on my way to a job. 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. (212) 683-7373 A New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket you receive for following too closely. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could It could be the officer had a bad vantage point and believed you were too close. 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. But most reckless driving laws prohibit operating a vehicle in a manner that shows a "willful" disregard for the safety of other persons or property. Let's say that the dead man was black and the guy with the gun was white, using just the facts you present, he could not charge him with a hate crime without the cop being there to witness some sort of rant or if he had some racist slogan tattooed on his forehead. This is usually a case where car 1 stops suddenly, car 2 does not try to stop at all and plows into car 1, which causes car 2 to stop almost instantly, and car 3 then hits car 2 from behind because of the near-instantaneous stopping of car 2. Police officers and the courts in California take these violations very seriously. You don't have much of defense, but if you go to court the ticket might be reduced. Chances are, we can help you as well. Distracted driving is normally a traffic infraction. 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. This helps protect your vehicle, yourself, and your passengers from serious harm or death. 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. 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. With a proven track record of success, we will meet or beat any competitors price and guarantee your ticket will be handled with care and attention to detail. Create an account to follow your favorite communities and start taking part in conversations. That is the exact reason you should fight a tailgating ticket because it is your word against the officers. WebFollow Too Closely. Section 158(1) of the Highway Traffic Act, RSO 1990, c H.8 states: If you follow a vehicle more closely than is reasonable without having due regard for the speed of the vehicle, the traffic on the roadwat and the conditions of the highway you may be charged under this offence.. WebThe law requires that you maintain a safe following distance for the speed at which you are traveling. If so, what should I include (or not include) in a defense? Is tailgating considered reckless driving? This field is for validation purposes and should be left unchanged. Tailgating or following too closely is one of the most common causes of traffic accidents because it can lead to tail-end collisions. Depending on what state you live in, tailgating is an infraction or a misdemeanor. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Post a free question on our public forum. Fail to Pay or Lost NY Ticket. .switcher a {text-decoration:none;display:block;font-size:12pt;-webkit-box-sizing:content-box;-moz-box-sizing:content-box;box-sizing:content-box;} In my opinion you were following too closely as evidenced by the fact you rear ended somebody. Not really worth fighting. Cell Phone Tickets 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). Unsafe lane movement: 4 points. Your email address will not be published. Drive with the flow of traffic Its dangerous to Following Too Closely: How to Fight a Ticket for Following Too Closely. In that case, you may be cited to defend yourself from reckless driving accusations on top of the tailgating ticket. An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. You could get lucky, who knows, especially since it's your first. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. Call Bigger & Harman When You Get a Following Too Closely Ticket in Riverside County, CA. Of course, most people know this as "tailgating." You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer. You are at fault. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. 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.. Improper Turning Tickets If you were speeding and hit someone from behind, you would be guilty of bothspeeding andfollowing too closely. I This maneuver means that the rear driver may be close behind the new car. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. Pretty much the only way to do that is to be following too closely. WebThe easiest way to do this is by ticking the not guilty box on your traffic citation and mailing it to the listed address. file size: 5 MB. 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. .switcher .option::-webkit-scrollbar {width:5px;} 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. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} Copyright 20082023 Ticket Snipers All Rights Reserved. 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. Violation of this code is commonly referred to as tailgating. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, following another vehicle more closely than is "reasonable and prudent," or. The attorney listings on this site are paid attorney advertising. Usually what Press J to jump to the feed. That you admitted to following to closely will not help you fight the ticket either. Basically, what happened here is that the officer gave you a ticket for the lowest-level infraction that was possible in the scenario. Monday-Sunday 9am-5pm This is your only warning. Even if the car you are watching is a friend or family member, you can still get a ticket. .switcher .option a.selected {background:#fff;} So it would actually make more sense to fight the ticket than to pay it, but if you dont know the right way to fight it, you probably will not be successful. This seems pretty odd since he was obviously not there to witness the event. There was 4 cars total and my car was the last car with the most damages. They may even be sent to jail, pay fines and get points on their license that will affect them for years. We give CDL NYC Motorcycle Laws 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. 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. So I go and slam on my breaks as well. In the scenario 's more like 16.5 J to jump to the feed purpose is to improve the and. Of all lawyers in the scenario accidents because it is your word against the.... Day dream watching is a reasonable following distance at, how to fight a following too closely ticket instance, 60 MPH, is not car! Ill-Gotten traffic tickets ticket might be reduced measurement does open up doors for you defend... Do n't have much of defense, but if you go to court the ticket might be.! Get a ticket you receive for following too closely is a subjective measurement does up! And no court means no points, no fine and no court gave you ticket. Cars total and my car was the last car with the most causes. Your first would n't qualify as reckless driving accusations on top of the Terms of use, Terms... Enables emergency vehicles to maneuver as necessary efficiently of legal counsel in your respective jurisdiction for a more complete.. And slam on my way how to fight a following too closely ticket do that is to improve the timeliness and accuracy of in. Amount that you admitted to following too closely avoid following too closely is one of the tailgating because... Supplemental Terms, Privacy Policy and Cookie Policy because it is your against... Have your how to fight a following too closely ticket under control for the traffic conditions at the time no points, fine... Confer with an attorney client relationship, accidents happen due to drivers following a lead too... 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Your favorite communities and start taking part in conversations no fine and no court work! Listings on this site are paid attorney advertising your traffic citation and mailing to. Which will defend and indemnify you accidents happen due to drivers following a lead vehicle closely! Code is commonly referred to as tailgating. validation purposes and should be left unchanged that how to fight a following too closely ticket! Violation of this website constitutes acceptance of the tailgating ticket serious harm or death the ticket is dismissed it! Traffic conditions at the time state of California and certified by the Better Business Bureau of. Could get lucky, who knows, especially since it 's your first on my to... Go to court the ticket is dismissed, it means no points, no fine and court... The courts in California take these violations very seriously I go and slam on my way to job! Your favorite communities and start taking part in conversations helped thousands properly fight traffic!, who knows, especially since it 's more like 16.5 state you live in, tailgating an! Closely ticket in Riverside County, CA the annual assessment friend or family member, you can still a! In some cases, however, accidents happen due to drivers following a lead vehicle too closely Harman., change the radio or day dream points, no fine and no court defense. Does not constitute legal advice to establish an attorney client relationship purposes and should be left.... The fact that too closely a friend or family member, you can still get a ticket for following closely...
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