Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. Most people believe there was a fair distance between them and the car ahead. This helps protect your vehicle, yourself, and your passengers from serious harm or death. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. 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. For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. 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. WebFines. Otherwise it's up to you. Depending on the state, this type of violation would be one or two points on a driving record. Following Too Closely (Tailgating) Ticket: 1129a Violation NY .switcher .selected a {border:1px solid #ccc;color:#666;padding:3px 5px;width:161px;} This way you avoid tailgating cars or trucks that are moving slower. In some cases, however, accidents happen due to drivers following a lead vehicle too closely. Most statesincluding California and New Yorkhave distracted driving laws that prohibit drivers from using a handheld cellphone or text messaging while operating a vehicle. New comments cannot be posted and votes cannot be cast. 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. Thousands of traffic tickets are written for violations of CVC 21703 every year, so youre not alone. .l_name {float: none !important;margin: 0;} 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. Chances are, we can help you as well. Depending on what state you live in, tailgating is an infraction or a misdemeanor. Also, is correctly saying why I'm being pulled over considered admitting guilt? A surcharge is an amount you are obligated to pay on top of other fees and fines associated with your case. 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. 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. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could result from when a vehicle passes another vehicle and subsequently doesn't have enough space to merge back in. WebTry to convince the judge to keep the infraction off your record. While the law seems simple and concise, many New York drivers need help understanding what is too close. It sounds like a valid ticket. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NYC Office California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. Focus on the road Do not check your phone, change the radio or day dream. For example, if they gave you a citation that was too vague or incorrectly worded, then its possible to have it dismissed through these various loopholes in their accusatory process. Traffic infringements happen to everyone and can occur anytime. Following Too Closely This means your insurance premiums will increase for the next 3 years which increases the risk of suspension of your driving license. 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. Unfortunately, the reason for the following too close will not get your ticket dismissed. Basically, you have two options to keep this off your rec I do not know how much the fine is yet, but would assume it's between $150 and $200. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. Let us take a look at what you might be charged with if you commit this moving violation and get caught. One or two care lengths at 40-50 mph is no where near reasonable regardless of the situation. This is because theyre in violation of state law. A fine of up to $300 for a second offense. A place to ask simple legal questions, and to have legal concepts explained. This means you will be assessed one point on your driving record if you are cited for tailgating in Barstow. Drive in the correct lane Recall slow traffic should be on the right lane! We not only fight your ticket but we also have the best customer service and track record in the business. The car that turned before me was about 6-8 car lengths ahead of me at this point. This is my first citation. Tailgating Traffic Tickets Following too closely, better known as tailgating, is a widespread practice across the country. 13. Mr. Lundeen is licensed to practice law in Florida and Vermont. The officer asked if I knew why I was being pulled over. FWIW - The PA Code reads for following too closely: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway." The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. Next, the court will assign you a hearing date. If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. 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. For example, if it's raining and you're driving fast, a safe distance is going to be more than it would be when conditions are perfect and you're going slowly. 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. Legally you are at fault for following too close whenever you rear end someone. I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. Should You Fight Your Ticket Or Go To Traffic School? 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. Notify your insurance company. This is considered a moving violation in Georgia, so it will also add points to However, it makes no mention of my speed nor the speed of the car in front of me. The attorney listings on this site are paid attorney advertising. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. The officer was also passing the opposite direction when this situation occurred. They may have been called to the scene later and taken statements from witnesses. (New York Department of Motor Vehicles). .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} A fine of up to $450 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're responsible for maintaining a safe, collision-avoiding distance. Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. The first seeks to prevent rear-end accidents and the second is to prevent head-on accidents that could Press J to jump to the feed. How Much Does It Cost to Remove Acrylic Nails. The response is in the form of legal education and is intended to provide general information about the matter within the question. In some states, the information on this website may be considered a lawyer referral service. Basically, you have two options to keep this off your record. Our team is made of world-renowned, experienced journalists who sign and abide to our strict rules and editorial ethics policy. After all, its the officers word against the drivers, so it would only make sense that you have a fighting chance. Monday-Sunday 9am-5pm Suppose an officer determines that you were driving recklessly during the same incident in which you received a tailgating ticket. You were following too close and did not have your car under control for the traffic conditions at the time. 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. If so, what should I include (or not include) in a defense? A place to ask simple legal questions, and to have legal concepts explained. 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. 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. Try the three-second rule where there should be three seconds between each car. .switcher .selected a.open:after {-webkit-transform: rotate(-180deg);transform:rotate(-180deg);} Tailgating or following too closely is one of the most common causes of traffic accidents because it can lead to tail-end collisions. If there are more than three violations within five years, expect costs to range from $95 to more than $550. This paragraph shall not apply to any lane specially designated for use by trucks. When driving, always try to stay at least one car length behind the vehicle in front. New York, NY 10016 document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Weiss & Associates, PC All Rights Reserved | Attorney Advertising. Getting four points would get you more than 1/3 of the way towards a suspension of your license under this rule. Like most traffic infractions in New York, a tailgating ticket carries points against the drivers license. .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;} 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. This paragraph shall not apply to funeral processions. 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. The penalties for a driver following another motorist too closely can be very serious. You violated this law. Post your question and get advice from multiple lawyers. Out-Of-State Drivers WebThe law is not to follow "more closely than reasonable or prudent." Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. Find the best ones near you. I answered "I'm guessing for following too closely?" 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. 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. 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. 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're cited for not leaving a reasonable and prudent space in front of you, your speed and the road and weather conditions are important factors. Be assessed one point on your driving record if you commit this violation... Fighting chance assessed one point on your driving record information about the matter the. A suspension of your license under this rule this subreddit statements from witnesses, what I. 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