Crime & Law Enforcement Issues & Death Penalty/Following too close ticket

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Expert: - 10/23/2007


Question
Ok I was in a fender bender the other day and the cop gave me a ticket for following too close. I told him that I had good distance but it the person in front of the car that I hit that suddenly slammed on the breaks for no reason and the wet road that caused me not to stop in time. The person that I hit told the cop that I was not too close to her and that there was plenty of room in between us at the time. But the cop still gave me a ticket and he said “ I believed you when you said you were not tailgating her and you had good distance, I also think that you were not out of control and not speeding but I have to cite you for something because someone has to be charged in this incident.” So with that do you think I have a good case to fight my ticket?

Answer
Nick,

  I wasn't there so there is no way for me to make a judgement on your accident but if you were behind the car you should have been able to stop no matter what the weather conditions.  In every state that I have ever heard of the following driver has an obligation to keep a safe distance behind the car in front no matter what the weather conditions are.  That is why you got the ticket.  You were simply following too closely no matter what the car in front did.

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Jack Toomey

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Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. There is no way for me to know that. I am NOT a probation officer or a parole officer so questions about those subjects will be rejected. I am a police officer with 26 years experience. Can answer questions about crime, police procedure, investigations, criminal law, search and seizure, traffic offenses. Prefer not to answer questions on the death penalty. Please do not ask homework questions. Remember this. The law in every state is different so questions about laws that are specific to your state could be difficult to answer. I also cannot give you legal advice on what to do or not to do in court. I have worked with authors in the past and will be happy to review scenarios or plots with authors to check for believability or accuracy.

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Police officer with 26 years experience. Ten years in patrol and sixteen years in the detective bureau investigating every type of crime including murder, rape, robbery, theft, fraud, missing persons, etc, etc. Also taught at the police academy in areas such as constitutional law, search and seizure, and lineups.

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B.S. in Criminology from the University of Maryland.

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