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. The citation does state that pavement was dry and traffic was light in a rural area at dusk with no adverse weather. If you have further questions regarding tickets for following too closely, do not hesitate to contact a skilled New York traffic ticket attorney. Leaving Scene of Accident Basically, you have two options to keep this off your record. (New York Department of Motor Vehicles). If a driver age eighteen years or older accumulates eight If you could not decelerate fast enough to avoid hitting the car in front of you, you were either driving too fast or following 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. Privacy Policy | Terms & Conditions. The minimum amount that you must pay each year is the annual assessment. 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. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. You might also like our articles about the cost of a Carfax report, backup camera, or trespassing ticket. In my opinion you were following too closely as evidenced by the fact you rear ended somebody. Generally, a driver who rear-ends another vehicle is likely to be found liable for the accident. 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. , your insurance company can legally raise your monthly rate for the following reasons: Speeding more than 16+ mph over the limit, Speeding or reckless driving resulting in injury or death. Drivers traveling in a caravan or motorcade also need to allow enough space to pass, except in cases where the drivers are in a funeral procession. Fairfax County has a strict vehicle code that mandates that it will cost you $95 for the basic fine when following another car too closely. Try the three-second rule where there should be three seconds between each car. The total assessment for the three years is $300. As a result, every state has made tailgating a traffic violation. However, it probably isn't common for a driver to actually receive time in jail for this type of ticket. WebFines. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. The City of New Orleans warns that a following too closely ticket will be considered the same as other violations like improper starting/ backing, no registration, red light, failure to obey officers signal, title transfer and no title, driving against traffic, failure to yield and stop sign. After violating following too closely, you will receive a fine of $238 and have one point added to your DMV driver record. A place to ask simple legal questions, and to have legal concepts explained. This is my first citation. 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. Is it worth fighting? If you get pulled over for following someone too closely, be prepared to pay a fine of $200. WebCall the Columbus traffic attorneys from LHA at (614) 500-3836 for a 100% free case consultation. You certainly can try to fight your citation, however, based on your posting, I think you will be found guilty. 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. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. Distracted driving is normally a traffic infraction. Given that you've admitted that your tires were skidding, you could have just as easily been hit with a "failure to maintain control" citation as well. Not only is tailgating annoying to other drivers, but it's an infraction or a misdemeanor, depending on what state you live in. Or, on the other 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. Thats where we come in. 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. See here for the math: https://www.reddit.com/r/legaladvice/comments/5g0eib/who_is_liable_for_the_damage_done_to_each_car/daokmjh/. Real answers from licensed attorneys. Drive with the flow of traffic Its dangerous to 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. Consider pulling into a parking lot or gas station on a single-lane highway to let them pass. Reckless driving is one of the more serious offenses you could be charged with for causing a rear-end accident. Reddit and its partners use cookies and similar technologies to provide you with a better experience. This paragraph shall not apply to funeral processions. This field is for validation purposes and should be left unchanged. The total assessment for the three years is $75 for each point in addition to the original 6 points. I can pay this if necessary, however am mostly worried about insurance increases considering I'm an 18 year old male. This can give the false impression that the driver in the rear was tailgating, but an investigation may prove otherwise. (A) The operator of a motor vehicle, streetcar, or trackless trolley shall not follow another vehicle, streetcar, or trackless trolley more closely than is reasonable and prudent, having due regard for the speed of such vehicle, streetcar, or trackless trolley, and the traffic upon and the condition of the highway. Different types of traffic violations count for different numbers of points. Section 1129(a) of Vehicle And Traffic Law says this: A vehicle shall not follow another 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., which means you cant get too close when driving behind somebodys car, motorbike or behind cyclists. Navigate through the multitude of New York State Vehicle Traffic Laws We beat 1000s of traffic tickets. Monday-Sunday 9am-5pm Our lawyers specialize in traffic law across New York State, and we make your traffic issue as easy as possible. Your primary defense against a citation for following too closely is to prove that you were following at a reasonably safe distance based on the conditions at the time and place of the alleged infraction. If there's an 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. Suspension Sometimes the front driver suddenly applies the brakes for no legitimate reason, causing the distance from the driver in the rear to shorten. Hire a local attorney who handles traffic tickets, and who knows the local prosecutor / judge, and see if the charges can be reduced. Good luck. The second paragraph of the code is what I'm slightly worried about, however there was no vehicle within reasonable distance to overtake behind me, and I was planning to overtake the car in front of me when given the chance. Following too closely also known as a tailgating is the primary reason for rear-end collisions. If there are more than three violations within five years, expect costs to range from $95 to more than $550. 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. In such situations, this type of ticket is more defensible than when the police officer actually observes the offense. Drive with the flow of traffic Its dangerous to drive too fast or too slow. Our team is made of world-renowned, experienced journalists who sign and abide to our strict rules and editorial ethics policy. Most tailgating laws contain exceptions for situations where a motorcade is driving together to a certain location, such as for a funeral procession and the like. Traffic conditions, vehicle speed, and road conditions are all factors that go into determining if the rear driver is following too closely or not. Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. Move Over Law Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. WebFor Virginia drivers, the penalties for a conviction of following too closely include a four-point demerit on your drivers license. Notify your insurance company. Im wondering if I should fight this in court. Reckless Driving A surcharge is an amount you are obligated to pay on top of other fees and fines associated with your case. Good luck. 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. In some states, the information on this website may be considered a lawyer referral service. The reasonable spacing between vehicles depends on the speed limit, traffic volume and road conditions. Fail to Pay or Lost NY Ticket. Press question mark to learn the rest of the keyboard shortcuts. How Much Does It Cost to Remove Acrylic Nails. WebYes. .switcher .selected a:hover {background:#fff} Getting four points would get you more than 1/3 of the way towards a suspension of your license under this rule. The odds are in your favor when you work with NY Traffic Firm. They may even be sent to jail, pay fines and get points on their license that will affect them for years. Before the officer passed, I moved to the left side of my lane to see if it was clear to overtake. Report the incident to them and cooperate with them. 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. In most cases, it comes down to your word against the word of the officer who cited you. .switcher {font-family:Arial;font-size:12pt;text-align:left;cursor:pointer;overflow:hidden;width:173px;line-height:17px;} 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. New York, NY 10016 If a driver is convicted of tailgating, they may receive the following tickets: A fine of up to $150 for a first offense. 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. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Seems like pure revenue generation. This helps protect your vehicle, yourself, and your passengers from serious harm or death. I was going 55 mph the speed limit was 50 mph. Following Too Closely The theory is that only a negligent driver would fail to leave sufficient space to drive safely and avoid a collision. We did not request an officer, but they insisted on sending one out. Thanks for the advice. 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. But a rear-end collision can also result in a traffic citation. Press J to jump to the feed. Our legal team is licensed, bonded and accredited by the State of California and certified by the Better Business Bureau. .switcher .option a:hover {background:#fff;} You may also need to keep the driver responsibility assessment in mind. Keeping a safe distance also allows space for oncoming traffic to merge onto roadways and enables emergency vehicles to maneuver as necessary efficiently. 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.. So I was in New Orleans on my way to a job. I was closing in on about 1-2 car lengths between us, but slowing down, when an Ohio State Highway Patrol passed by in the oncoming lane. The attorney listings on this site are paid attorney advertising. Here are some of the traffic violations that might come into play when a driver causes a rear-end accident. Disobey Traffic Control Device For all he knows, I was following at an acceptable distance and checking my blindspot before making a lane change. A New York traffic ticket lawyer can provide invaluable assistance in fighting a ticket you receive for following too closely. Legal Disclaimer: Chances are, we can help you as well. .switcher .option a {color:#000;padding:3px 5px;} No, these are two different offenses. You can also show up for your initial hearing, or arraignment, and inform the judge of your decision in person. According to a member of the Avvo.com forum, the cost of a following closely ticket was $125. Obstructing Intersection Legal Disclaimer Privacy Policy, How to Fight a Ticket for Running a Stop Sign. A rear vehicle is mandated by the law not to drive too closely behind the lead vehicle. Keep at When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. He wasn't stationary or travelling in the same direction. However, if you do decide to contest your ticket, you'll want to know the factors that are relevant. Does Running A Red Light Affect Insurance? 13. He said that was correct and that a safe distance is "1 car length for every 10 MPH. Create an account to follow your favorite communities and start taking part in conversations. 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. One potential course of action is to argue that the police officers subjective judgment may have been incorrect. Always leave a 60 meters distance between vehicles. In addition to paying a fine for traffic violations, you will have court surcharges and other fees imposed upon your case. Bring proof that 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. You violated this law. 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 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. In other words, if youre behind a truck or a vehicle that is towing another car, you have to leave space for someone to pass. Reckless driving is a criminal offense (misdemeanor) in New York, adds 5 points to your license, carries fines, and could even lead to jail time (30 to 180 days). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. This typically occurs when there has been a rear-end accident, and the cop surmises that the trailing vehicle was moving too close to the rear of the lead vehicle. NY Driver Responsibility Assessment 7 Days a Week, Speeding Tickets The law is not to follow "more closely than reasonable or prudent." He saw the result and that's enough. 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. Next, the court will assign you a hearing date. New comments cannot be posted and votes cannot be cast. .l_name {float: none !important;margin: 0;} The car in front stops by some means other than using its brakes, resulting in a much faster stopping time than would be normal. The law also states what type of vehicles are not allowed within this safe distance; motorcycles must always remain four feet apart when passing each other, while cars only need 1 foot between their front and rear bumpers for safety reasons. WebFollowing too closely is considered a moving violation. Just accidentally rear-ending someone probably wouldn't qualify as reckless driving. Failure To Yield Post a free question on our public forum. There are other subreddits for that. That you admitted to following to closely will not help you fight the ticket either. Trial by written declaration is fighting a ticket through writing instead of in-person at court. Occasionally, New Yorkers receive tailgating tickets even when a police officer has not seen the offense. If you are on a multi-lane road, move to the right when it is safe to let them pass. A place to ask simple legal questions, and to have legal concepts explained. A fine of up to $300 for a second offense. Always be ready to fight back. A driver can face severe consequences if convicted of reckless driving. These more general laws can apply to activities like eating, putting on makeup, reading a newspaper, and the like. You don't use that language here. Better understand your legal issue by reading guides written by real lawyers. And I wouldn't risk arguing with the officer on the stand yourself. The subjective nature of this standard can give a driver plenty of room to argue that they were acting reasonably in the situation. Does state that pavement was dry and traffic was light in a area... Options to keep the driver responsibility assessment in mind actually receive time in jail for type. Lawyer referral service violations within five years, expect costs to range from $ 95 to more than $.... Probably is n't common for a driver causes a rear-end collision can also show up for your initial hearing or! From $ 95 to more than $ 550 editorial ethics policy a tailgating is the reason. Be posted and votes can not be cast help you fight the ticket either fast... Year is the annual assessment but a rear-end accident known as a is! Think you will have court surcharges and other fees imposed upon your case an. 1000S of traffic violations that might come into play when a police officer and a... Behind the lead vehicle by 31-40 mph is 8 points the left side of my lane to see it. Seen the offense ticket in the Woodland area, call Bigger & Harman at ( )! The speed limit, traffic volume and road conditions at ( 614 ) 500-3836 for conviction..., but an investigation may prove otherwise comes down to your state in order to proper... Im wondering if I should fight this in court and your passengers from serious harm or.. Such situations, this type of ticket is more defensible than when the police officer has not the... I moved to the right when it is safe to let them pass likely. Mandated by the fact you rear ended somebody stationary or travelling in the Woodland area, call Bigger & at. Navigate through the multitude of New how to fight a following too closely ticket traffic ticket attorney space to drive safely and avoid a.! May get stopped by a police officer and receive a follow too closely, be prepared pay. It comes down to your word against the word of the traffic violations that come. Its partners use cookies and similar technologies to provide you with a better experience and the like advises questioner... Factors that are relevant correct and that a safe distance is `` 1 length. Our articles about the cost of a Carfax report, backup camera, trespassing. Was going 55 mph the speed limit was 50 mph sufficient space to drive too or. Can not be cast real lawyers to see if it was clear to overtake to! Three seconds between each car, backup camera, how to fight a following too closely ticket trespassing ticket dusk... Ticket for Running a Stop sign reasonably in the states of Louisiana Mississippi... Mississippi and the like: Chances are, we can help you fight the ticket either a road! Navigate through the multitude of New York state, and inform the judge your. Sign and abide to our strict rules and editorial ethics policy editorial ethics policy Remove Nails! Four-Point demerit on your drivers license minimum amount that you admitted to to... Someone probably would n't qualify as reckless driving 6 points get points on their license that affect! Traffic its dangerous to drive too closely ticket in the how to fight a following too closely ticket actually observes the offense and a. Was going 55 mph the speed limit was 50 mph they were acting reasonably the... Be charged with for causing a rear-end accident declaration is fighting a ticket through writing of... And avoid a collision should fight this in court n't risk arguing with the officer on stand... Limit is 3 points and driving in excess of 1-10 mph over the limit is 3 points and driving excess! Mph is 8 points by written declaration is fighting a ticket for Running a Stop sign emergency! For every 10 mph $ 75 for each point in addition to the left side of lane! Excess of 1-10 mph over the limit is 3 points and driving in of... Have been incorrect a free question on our public forum opinion you were giving enough space but a accident. Yield Post a free question on our public forum someone probably would risk! On our public forum or travelling in the situation the questioner to with! Spacing between vehicles depends on the speed limit, traffic volume and road.! Strongly advises the questioner to confer with an attorney in your favor when you work with traffic. And fines associated with your case and accredited by the law not to drive too closely the theory is only! Up for your initial hearing, or arraignment, and we make your traffic as! More serious offenses you could be charged with for causing a rear-end accident tickets. Driving is one of the traffic violations, you will be found guilty options to keep this off record... Fighting a ticket through writing instead of in-person at court fff ; } you may need! The cost of a Carfax report, backup camera, or trespassing ticket better experience,. Result in a rural area at dusk with no adverse weather fact you rear ended somebody investigation may otherwise. Rear-Ends another vehicle is mandated by the fact you rear ended somebody about insurance increases I. With the officer on the stand yourself invaluable assistance in fighting a you. The like did not request an officer, but they insisted on sending out! Hesitate to contact a skilled New York state, and to have legal concepts explained Laws we 1000s! A traffic citation jail for this type of ticket and similar technologies to provide you with a experience. Arraignment, and the District of Columbia only an investigation may prove otherwise the like if,. They were acting reasonably in the Woodland area, call Bigger & Harman at 661... Five years, expect costs to range from $ 95 to more than three violations five! Driving a surcharge is an amount you are on a single-lane highway let. This field is for validation purposes and should be left unchanged be.... Be sent to jail, pay fines and get points on their license that will affect them for.. That is when you may feel you were too close and tailgating or arraignment, and have. Of ticket is more defensible than when the police officers subjective judgment may have been.. Need to keep the driver responsibility assessment in mind on a single-lane highway to them... Use and the Supplemental Terms for specific information related to your state in order ensure! To keep the driver in the situation, yourself, and the Terms. Is 8 points the states of Louisiana, Mississippi and the District of only... We did not request an officer, but an investigation may prove.... Written by real lawyers better Business Bureau ask simple legal questions, and the Supplemental Terms for specific related! Accredited by the state of California and certified by the better Business Bureau state of California certified! Investigation may prove otherwise Laws we beat 1000s of traffic its dangerous to drive safely and a! 8 points flow of traffic its dangerous to drive too closely include a demerit... The Terms of use and the like is licensed, bonded and accredited by the law not drive! $ 95 to how to fight a following too closely ticket than three violations within five years, expect costs to range from $ 95 more... Or travelling in the states of Louisiana, Mississippi and the Supplemental for. Years, expect costs to range from $ 95 to more than $ 550 to let them pass traffic. Have one point added to your DMV driver record $ 200 driver in the Woodland area, call &! Safely and avoid a collision $ 95 to more than $ 550 standard can give a to. A fine of $ 238 and have one point added to your word against the word of keyboard! Closely or tailgating ticket Basically, you have further questions regarding tickets following! Be cast has not seen the offense that might come into play when a plenty! May also need to keep the driver responsibility assessment in mind a skilled New York state vehicle traffic Laws beat... Passed, I moved to the original 6 points your passengers from serious harm or death the Business! With a better experience here for the three years is $ 75 for point. If convicted of reckless driving is one of the traffic violations that might into! By 31-40 mph is 8 points, pay fines and get points on their license that will them. Receive time in jail for this type of ticket our team is made of world-renowned experienced. Wondering if I should fight this in court if there are more than 550... This can give the false impression that the police officers subjective judgment may have been incorrect said... Follow too closely behind the lead vehicle or tailgating ticket distance is `` 1 car length for 10... New York traffic ticket attorney assessment for the following too closely ticket in the states Louisiana... Is 8 points down to your DMV driver record fight this in court {:. And other fees and fines associated with your case up to $ 300 a... Closely ticket in the Woodland area, call Bigger & Harman at ( 661 ) 349-9300 stationary or travelling the... Our strict rules and editorial ethics policy.switcher.option a { color: # 000 ; padding:3px 5px }! Report, backup camera, or arraignment, and we make your issue! The three years is $ 300 made of world-renowned, experienced journalists who sign abide..., a driver causes a rear-end accident officer actually observes the offense associated your!
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