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. 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. As an aside, be thankful that all you got was a following too closely ticket. If you rack up 18 of these points within two years, your penalty could be either probation or Indiana license suspension. I then tried my hardest to slam on my breaks I even tried getting into the other lane but i wasnt far enough anymore to where I hit the car in front of me. Obstructing Intersection You don't have much of defense, but if you go to court the ticket might be reduced. A good rule of thumb is to follow at least a cars length per 10 miles per hour from the vehicle in front of you in the best conditions (i.e., clear skies, minimal traffic, optimal lighting, dry pavement, etc.). 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. Info was exchanged and we called to report the collision. If you want no points on your record, you can just admit the fault and pay the full amount for the ticket. WebSome examples of Indiana traffic ticket violations include: Driving 1-15 MPH over the speed limit: 2 points. Reckless driving is normally a misdemeanor offense. 21703 driving law claims you must give reasonable or prudent distance. Therefore, this ticket is really your word against the officers. I took my foot of the accelerator, but did not brake. A surcharge is an amount you are obligated to pay on top of other fees and fines associated with your case. When you go before a judge and explain what happened, many good things may occur. This shows he was unaware of how fast we were travelling. Ensure Your Load Is Secure Or Risk Getting A Traffic Ticket. I do not know how much the fine is yet, but would assume it's between $150 and $200. 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. The cause of many rear-end collisions is one vehicle following another vehicle too closelyoften called "tailgating." But a rear-end collision can also result in a traffic citation. Find the best ones near you. It appears you forgot to include your location in the title or body of your post. However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. See here for the math: https://www.reddit.com/r/legaladvice/comments/5g0eib/who_is_liable_for_the_damage_done_to_each_car/daokmjh/. Failure to yield to an emergency vehicle: 8 points. 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 helps protect your vehicle, yourself, and your passengers from serious harm or death. 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. 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. 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 can give the false impression that the driver in the rear was tailgating, but an investigation may prove otherwise. This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks. The total assessment for the three years is $75 for each point in addition to the original 6 points. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NYC Office You can also show up for your initial hearing, or arraignment, and inform the judge of your decision in person. Once you receive your written defense package, sign the defense and mail it to the traffic court. But some states make distracted driving a misdemeanor when the violation involved a collision. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have. The officer was also passing the opposite direction when this situation occurred. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. Learn more about getting your ticket dismissed through trial by written declaration. Otherwise it's up to you. Get a letter from your company that they have paid the claims. In my case, had the citation been "colliding with vehicle", I'd agree that based on the evidence the ticket was correct. A place to ask simple legal questions, and to have legal concepts explained. Under these circumstances, the rear driver should leave enough space that a car which is passing could enter into that space without risk. Failure To Yield 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. Disciplinary information may not be comprehensive, or updated. An appropriate following distance at, for instance, 60 mph, is not 6-8 car lengths - it's more like 16.5. Your email address will not be published. Yeaaahhhh, none of that is going to help you beat this case. Best bet is to defer the ticket, or hire a lawyer to try and amend the ticket to a non As for the officer not witnessing the event, that's not necessary. Reddit and its partners use cookies and similar technologies to provide you with a better experience. But in most states, you can be cited for a following-too-closely violation for: Both types of following too closely have the purpose of preventing accidents. The minimum amount that you must pay each year is the annual assessment. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. The car in front stops by some means other than using its brakes, resulting in a much faster stopping time than would be normal. Try to maintain your composure and make space for them to pass. Citing factors like weather conditions, visibility, vehicle speed, and where the officer was when they observed the alleged violation might help your case. However, it makes no mention of my speed nor the speed of the car in front of me. As a rule, the faster you are going, the more distance you need between you and the vehicle in front of you. Out-Of-State Drivers In less-than-ideal circumstances (i.e., rain or snow, darkness, heavy traffic, etc. .l_name {float: none !important;margin: 0;}
An officer who has issued a ticket based on a rear-end collision often did not witness the accident. Privacy Policy | Terms & Conditions. A common way to get out of tickets is by proving procedural errors committed on the part of your prosecution. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. answers to questions are for general purposes only and do not establish an attorney-client relationship. 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. Usually what Not sure why. 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. You will have to pay these assessments on top of all other applicable fines. It could be the officer had a bad vantage point and believed you were too close. If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. You should not rely on this advice alone. In other situations, a car from another lane may cut between two cars that had left sufficient space between them. Drive with the flow of traffic Its dangerous to Cell Phone Tickets Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. Even if the car you are watching is a friend or family member, you can still get a ticket. I The attorney listings on this site are paid attorney advertising. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. 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. 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). Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. #selected_lang_name {float: none;}
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. With citations for not leaving enough space for another vehicle to pass and merge, the actual distance your car and the car in front of you is the main factor. I take your meaning in the example, but it is a poor comparison. Help me please, Gregory J Millers Avvo Top Contributor Badges, Personal Injury Lawyer in Cuttingsville, VT, Social Security & Disability Lawyers in Southfield, MI, This lawyer was disciplined by a state licensing authority in. Tailgating tickets also add points to your drivers license. Why did the officer write me a ticket for following too closely? The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. Create an account to follow your favorite communities and start taking part in conversations. This violation often arises in the aftermath of a rear-end collision. That you admitted to following to closely will not help you fight the ticket either. One potential course of action is to argue that the police officers subjective judgment may have been incorrect. 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. 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. 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. A driver can face severe consequences if convicted of reckless driving. I'm an 18 year old male, from Ohio. 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