Ticket for following too closely?

Question

I got into a minor car accident yesterday - rear ended someone. The other car has minor damage, mine has lots more.

We were at a redlight, and I was trying to switch lanes. I saw the car in front of me start moving, and assumed she wouldn't stop. I kept moving to the other lane and ended up hitting her corner with the middle of my bumper.

I got a ticket for following too closely. Question is - I was not following per se, we were stopped at the light. Does the ticket still apply? I am paying the repairs cost, and paying a ticket on top of it just doesn't seem reasonable, since we were not in a moving traffic.

Questions:

1. What is the likelyhood of me being able to get out of the ticket, if I went to court? (I am 23, and have a speeding ticket and a seatbelt ticket within the past year, and nothing before that).

2. Will I incur any additional costs should I go to court (court fees, etc) if found guilty?

3. How should I handle it if I go to court (plead guilty or not?)

Answer 1

1. NOT VERY LIKELY WITH YOUR PAST RECORD AGAINST YOU THE JUDGE WILL BE UPSET TO SAY THE LEAST.

2. ALWAYS WHEN YOU GO TO COURT YOU WILL HAVE COURT COSTS, THAT IS WHY A LOT OF PEOPLE JUST PAY BY MAIL OR ON-LINE.

3. GO BACK TO QUESTION 1.

Answer 2

If you were stopped -- your car would  not have hit another one. You were not stopped -- you were moving. It is a moving violation. You will most likely p**s off any judge worth their salt if you try to say you were stopped. Yes -- you will have to pay court costs... -- just take your lumps, pay your ticket and start paying more attention on the road.

Answer 3

If you plead not guilty, it's quite possible that you will get a chance to talk to the District Attorney and arrange a deal.  Then you might appear briefly before the traffic court judge and plead guilty to some lesser infraction.

Whenever you get a ticket, the money you stand to save by fighting it far outweighs any fees you MIGHT incur by pleading not guilty.  Always fight it.

Answer 4

You can plead 'no contest' which is just accepting the charge without pleading guilty or not guilty.  The court will explain that to you.  You will probably not be able to get out of it, so don't try.  This is your 3rd violation in a year......

If you try to fight it you will probably be made to take driving classes and maybe some public service (volunteering).  And you will still have to pay the fee.  

NEVER change lanes in an intersection.  You will kill someone doing that.  That's what I would have charged you with, or failure to yield right of way or something.  I think the cop was being nice to you by choosing the following too closely.  

It is NOT likely at all you will get out of it.

Answer 5

Well, it sounds like you are trying to use a technicality to get off.  You were following the vehicle in front of you even though you were trying to change lanes so I think the ticket is correct (the officer could have written you up for inattention too).  From your description, I doubt that you can get the ticket dismissed unless you can find an error on the ticket or the officer doesn't show up.

Your best course of action is to try to get the fine reduced, which means pleading guilty and trying to convince the judge that the driver in front of you deceived you.

Good luck.

Answer 6

plead not guilty on the ticket, there will probably be an assistant DA at the court you can talk to that will be willing to let you plead guilty to a lesser charge, do that and pay the fine

dont try and argue youre case with the judge that you dont deserve the ticket, the more of his time you take the more you are probably going to end up paying in fines

the same court fees apply (at least in NY) so it doesnt matter if you dont go, but its always better to plead not guilty so at least you have a chance of having youre charge reduced

Answer 7

Legally you are supposed to be 2 seconds behind the car in front of you. They can always say that you were following too closely if hit them from behind. You can always try to fight it, it will not cost more but you are unlikely to win. Here is a link to the laws on that.

http://www.dot.wisconsin.gov/safety/moto...

You might also be able to do deferred adjudication. this means that this ticket will go off off your rerecord if you don't get another one in 6 months. But if you do get a ticket then will get both tickets at one time.

Answer 8

To answer your questions:

1) The likely hood of getting out of the ticket is extremely slim.  Your priors will have nothing to do with the decision.

2) You may incur additional costs if found guilty.  It depends on your argument(s) and whether or not the judge feels you're wasting the courts time.

3) If you can "waive" the ticket, that would be my recommendation.  If you are required to go to court, plead "no contest".  It's neither an admission of guilt or innocence.

Not to kick you when you're down, but based on your accounts, I feel the officer had no other option but to site you.

Good luck.

Answer 9

The law for tailgating - or following too closely - usually says that you must be a reasonable distance behind.  Here in Arizona, that would have been the better ticket to get (2 points), rather than a ticket for "failure to control speed to avoid collision" which is a speeding ticket (3 points).

You won't get out of it, you rear-ended someone in what you yourself describe as non-moving traffic.  And paying for the repairs means nothing, as that is a determination made between insurance companies, whereas the ticket is used to determine who may have been at fault, monitor driving peformance, etc.

If you go to court, you probably will have more court fees for pleading not responsible, so see if you can go to defensive driving or something similar.

Az traffic school and driver's ed instructor for 5+ years.

Answer 10

You were following, you were behind her. You are being to technical. The ticket will still apply. You are responsible for the damage, it was your fault, and so was the ticket. Sitting at a red stop light is considered moving traffic even though the light is red. You won't be able to get out of the ticket. When you hit another car in the back end you are always guilty. You weren't paying attention and following too close which cuased the accident. If you take it to court the judge will laugh at you and yes you will be handle responsible for the court costs.      You are guilty suck it up and be more careful.

Answer 11

your lucky in Virginia if you rear end someone you get a reckless tkt. its not worth the time just pay it. they may reduce the fine but you still have to pay court cost.