How can I get a ticket dismissed for following too closely while driving?

Need Professional Help? Talk to a Local Defense Attorney.
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

How can I get a ticket dismissed for following too closely while driving?

Answer:

In order to dismiss ticket following close, or too closely, to another driver, a driver must first located and break down the specific traffic law he or she is accused of violating. Each traffic law will clearly outline the specific elements required for the violation, and in turn, define the offense in detail. For starters, these specific statutes will widely vary in wording from state to state, but in general, the following measures may be employed to dismiss a citation for following too closely:

  • Does the law define what is “too closely”? Often, the laws hinge on the theory of space required for a driver to make a safe stop in the event of an emergency, but was there any sudden stop or accident indicating that a driver did not have sufficient room to make this stop? Also, did law enforcement’s judgment of following too closely for safety match up with the legal definition?
  • Can law enforcement prove a driver was following too closely? More than likely, the case hinges on testimony from the officer him or herself, often based on general estimates of the distance between two moving vehicles. Law enforcement’s word usually trumps the testimony of a driver in the courts, but with a pre-planned line of questioning, it is possible to force a law enforcement officer to contradict his or her own testimony. Having a lawyer in this case helps.

Ultimately, the first step towards obtaining a dismissal for following too closely will require that a driver refrains from paying the associated fine (in essence, pleading guilty to the offense) and attending the pre-set court date hearing. Between the citation date and hearing date, any number of methods can be employed, with the advice and insight of lawyer, to dismiss the following too closely citation.

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.


Get Informed: DUI and Driving Laws


Popular Topics

Driving Laws by State - Find your states laws on a variety of traffic issues.
DUI & DWI Laws - Learn about the penalties and laws associated with a drunk driving charge in your state.
Cell Phone and Texting Laws - State laws on texting and using your cell phone while driving.
Car Insurance Requirements - Learn about the insurance requirements in your state.
Speeding Laws - Learn about the basic speeding laws in each state.
Teen Driving Laws - Learn about your states driving laws for teens.

Get Professional Legal Help


LA-WS4:0.9.22.120430.13848