After an accident, I got a ticket for following too closely, but the officer didn't witness it. Should I contest?

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Question:

After an accident, I got a ticket for following too closely, but the officer didn't witness it. Should I contest?

Answer:

The problem with being ticketed in an accident situation is that you can be charged with liability for the damages and injury done to other parties if you are ticketed, making it vitally important that you learn how to dismiss a tailgating charge. Most states require a following distance of at least one car length for every ten miles per hour of speed. Few drivers maintain that distance, so tailgating is an easy violation to charge.

On the other hand, tailgating is a very subjective charge, and without any objective evidence it can be disputed, with an effective argument for the defense. In many cases, the evidence can be refuted in several ways:

  • If the arresting officer charges tailgating, their observations can be challenged, although that does not apply when the officer did not witness the violation
  • If the only evidence of tailgating is testimony by the other party, it can be a question of their word against yours. A good traffic attorney can often help you win that argument
  • If it is first offense and there are any extenuating circumstances, a good traffic attorney can often negotiate reduced charges

While it may be possible for you to defend yourself against tailgating charges, when so much depends on having this charge dismissed, it is important to ensure the best possible defense by consulting an experienced traffic lawyer.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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