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I got a ticket for driving to close to another car, BUT .................?
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I got a ticket for driving to close to another car, BUT .................?

the cop was behind me, I feel like I was not that close. If the cop was behind me how does he really no that I was to close? I have a date to fight the ticket. Do you think that I could win this? ANY ADVICE WHAT TO SAY TO THE JUDGE?

PS I was driving on a country road, and there were no other cars around for miles.
Additional Details
just to let you all know the cop car was as close to my car as I was to the car in front of me.


    




nothing
I offer a sort of practical response to your question. It won't be critical of you. There's a way you can test your theory. Sometime this week or next when you're out driving and happen to think of it, observe the distance that other cars are followng each other. I think you're an observant person - you have the same judgment probably that any officer has. Can you distinguish what cars are closer to the cars in front of them than, say, other cars. Have you ever seen someone following (in your judgment) too close. While behind another car in traffic, can you tell for instance, if that car is a car length away (or two) from the one in front of it, versus being 6 or 8 car lengths away?

A traffic court judge is going to recognize that an officer, as well as any citizen, can with normal observation powers make these kinds of judgments. The judge will ask the officer about how fast your car was traveling when the violation happend and about how close your car was to the one in front and for how much distance did you maintain that position. He will have an answer for all of this, because after writing the citation he wrote alot of notes on the back of his copy of the ticket, and he'll probably be even able to tell the climate at that hour.

Saying that there was no other cars on the road for miles won't benefit you, since you were cited for following only the car in front of you too close, not any other cars. Whether its a country road, a city avenue or a freeway is not part of the violation requirements.

I have no advice on what to say to the judge. That has to come from you. All you can do is tell the truth as you see it, express your belief and feelings if you desire, but no one else can do better than you in describing what you wish to describe.

There's one thing (at least) that you can do in preparation. Go to the library. There is a vehicle code there in the reference section. Look up the section you were cited for and read it over a few times. At least know how it's described before you offer your defense.


51ain'tbad
Rating
If there was not another car for miles who were you following then?


dooby
Rating
Its called tailgating-whether its puuposely or not-it is what it is-had you been tailgating me, I'd have put on my breaks, then you'd get a ticket and your insurance would drop you as they'd be responsible for covering the cost of me having whiplash after you rear ended me.


middleshoes
You are s.o.l.


lincolnunit
Rating
Try this question to establish whether or not your following this 'ghost car' was a HAZARD: how did the officer establish that YOU WERE a hazard to the vehicle in front of YOU? If the cop's answer doesn't mention that you applied your brake lights at any time during your forward motion, how can he establish your distance or HAZARD? Good luck. It just may work! I've seen judges buy stranger testimonies.


Kaska
How close were you to the other car? It should be 1 car length per 10 miles you were going.

If you were not doing this pay the ticket.

Although it sounds like he needed to make his ticket quota? Thought you were a different suspect? Or you were really following to close?


mikeysco
Man . Don't get real excited over whatever point what's-his-name was trying to make about there being no law concerning following someone too close.

In California, I would refer you to Section 21703 of the Vehicle Code, which states the following:

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 such vehicle and the traffic upon, and the condition of, the roadway.

So much for it not being a law.

I find myself in near-constant agreement with VanJohn (also above) and think you got some really good advice there. His suggestion that you read the particular law is valuable because, as you can see above, there's more to a ticket like this than just the cop saying you're following too close.


Lanani
Rating
There is no way you'll get out of the ticket based upon your word against the officer's.

Most people don't know that the rule is to maintain one car length of distance between you and the car you're following for every ten miles an hour you're traveling. If you're going forty miles an hour, you should leave four car lengths between you and the car in front of you. It's easy to slip and follow another car too closely.

You'll save yourself a headache if you just pay the fine.


jgmafb
Rating
Ther is no law on the books that allow that type of ticket unless you are involved in an accident.Your need to point that out to the Judge.Ask the courts to show you "the statue of this "
A few year's ago we had cops writing tickets for failure to "turn into the nearest legal lane after a turn"needless to say they were all thrown out.Also use the defense that that you used here"your honor how could the officer see the car in front of me if he was behind me "(Was it a gravel road? that would throw more in your favor do to the dust created by the cars)Hopefully you have an honest Judge cause this thing should be thrown out with no hassle what so ever.


shadyslady66669
Its alot easier just to take the damn ticket. Its not like he was conviting you of killing someone.


bakbiter
just appearing in court they usually drop the fine and the points (if your state uses points). just be honest, explain that you don't think you were following too closely. don't say anything about the officer, they are trained to know their stuff. you may not win, but you might get a lesser fine. good luck.

(with real good luck, the cop may never show up, and you win!)


kikime
Rating
i will tell you what was told to my husband in court when he was trying to fight a speeding ticket. it's their word against yours. and who do you think they willl beleave?! good luck:)


Ven D
Rating
It's my understanding that that particular law applies to tail-gaiters...

If there were no cars in front of you, and he was the only car behind you, then, HE was the one doing the tail-gaiting...

Of course, since he's a cop, I wouldn't expect you to have much success with that line of reasoning. But, it might be worth a try...

Vandevere


patricia_hyland72
Rating
Just hope the cop does not show up....then you win by default!


locofreads
Rating
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