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. Occasionally, New Yorkers receive tailgating tickets even when a police officer has not seen the offense. 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 citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. Traffic conditions, vehicle speed, and road conditions are all factors that go into determining if the rear driver is following too closely or not. Drivers can expect to pay $215 for each violation. New comments cannot be posted and votes cannot be cast. .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.. Monday-Sunday 9am-5pm Your email address will not be published. https://ticketbust.com/wp-content/uploads/2020/07/cvc-21703.jpg, https://ticketbust.com/wp-content/uploads/2022/12/TB-20th-Logo-Rectangle-Expanded-4.png, How to Beat Following Too Closely Ticket in California. 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. 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. You don't use that language here. Se habla Espaol (661) 349-9755. Search for lawyers by reviews and ratings. Depending on what state you live in, tailgating is an infraction or a misdemeanor. If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. If a driver age eighteen years or older accumulates eight Tailgating tickets also add points to your drivers license. What to Do And What Not To Do If Pulled Over For A New York Traffic Ticket, Failure To Signal In New York: A 2-Point Moving Violation. He said that was correct and that a safe distance is "1 car length for every 10 MPH. The response herein is not legal advice and does not create an attorney/client relationship. You will want a lawyer that specializes in these types of cases because they know how to make arguments and find loopholes in affidavits based on hearsay evidence or lack thereof. 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. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. Try to maintain your composure and make space for them to pass. Is tailgating considered reckless driving? 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. 9th Floor For example, under New York vehicle and traffic law, the number of points for speeding can range from 3 points to 11, depending on the speed in excess of the limit. It is always worth fighting a ticket in court instead of just paying the fine. Better understand your legal issue by reading guides written by real lawyers. .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} WebYou should always be able to see the other vehicles bottom tires when coming to a stop. The theory is that only a negligent driver would fail to leave sufficient space to drive safely and avoid a collision. Even if you are concerned that you may have been at fault, or if you feel sorry for anyone involved in the accident, you should not discuss fault or apologize to the officer or anyone else at the scene. Press question mark to learn the rest of the keyboard shortcuts. After violating following too closely, you will receive a fine of $238 and have one point added to your DMV driver record. We not only fight your ticket but we also have the best customer service and track record in the business. 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. That you admitted to following to closely will not help you fight the ticket either. 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. .switcher a:hover img {opacity:1;} Not sure why. 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" under the current circumstances, or. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. New York, NY 10016 No, these are two different offenses. .switcher .option a:hover {background:#fff;} 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. In some states, the information on this website may be considered a lawyer referral service. See here for the math: https://www.reddit.com/r/legaladvice/comments/5g0eib/who_is_liable_for_the_damage_done_to_each_car/daokmjh/. Police officials and other investigating teams in California are taking these violations seriously. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} 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. States have different definitions of reckless driving. Following Too Closely One potential course of action is to argue that the police officers subjective judgment may have been incorrect. Most statesincluding California and New Yorkhave distracted driving laws that prohibit drivers from using a handheld cellphone or text messaging while operating a vehicle. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. 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. Leaving Scene of Accident Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. Disciplinary information may not be comprehensive, or updated. This field is for validation purposes and should be left unchanged. Mr. Lundeen is licensed to practice law in Florida and Vermont. Thats where we come in. I take your meaning in the example, but it is a poor comparison. 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. This maneuver means that the rear driver may be close behind the new car. Is this ticket reasonably dismissable? How do I fight a no-accident non-speeding following too closely 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;} Ensure Your Load Is Secure Or Risk Getting A Traffic Ticket. It appears you forgot to include your location in the title or body of your post. At the same time, another person claims they had to pay $260 when they received a ticket near their home in Fulton County. If this information has been helpful, please indicate below. Let us take a look at what you might be charged with if you commit this moving violation and get caught. 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. The minimum amount that you must pay each year is the annual assessment. The law is not to follow "more closely than reasonable or prudent." Wouldn't that negatively affect his ability to judge a "reasonable and prudent" following distance? They stopped breaking so I sorta stopped breaking too. Se habla Espaol (661) 349-9755. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. $65 of that sum will be the processing fee.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[336,280],'thepricer_org-medrectangle-4','ezslot_3',126,'0','0'])};__ez_fad_position('div-gpt-ad-thepricer_org-medrectangle-4-0'); The total fine in Clay County, Missouri, is $100. You violated this law. The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." Reddit and its partners use cookies and similar technologies to provide you with a better experience. However, it makes no mention of my speed nor the speed of the car in front of me. 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. 432 Park Ave South That doesn't mean you just have to pay the ticket however. Your email address will not be published. Disobey Traffic Control Device 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. In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. The only times I've seen "following too close" tickets fought successfully are three scenarios: There was no accident and the ticketed party can show that the officer's position made it impossible for him or her to accurately judge how far the ticketed party was from the car in front of them. 432 Park Ave South that does n't mean you just have to pay $ 215 for each violation adverse.! To include your location in the title or body of your post come into play a... To ensure proper advice is received that you admitted to following to closely will not help you the... In court instead of just paying the fine York, NY 10016 no, these are two different offenses to. In how to fight a following too closely ticket states, the information on this website may be considered a lawyer referral service questioner confer... A no-accident non-speeding following too closely ticket and traffic was light in a area. 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