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Ticket for following too closely

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nkpatel33

Guest
What is the name of your state?

Georgia

I was at a stop light in Cobb County (GA) and I sneezed pretty harshly. My foot came off the pedal just enough to move forward and I barely rear ended the lady in front of me. She insisted on calling the cops in case she suffered any injuries the next day (so she could make a claim if necessary), even though there was no visible damage whatsoever to her car. So I received a "following too closely" citation. The officer said if the lady didn't call in with a complaint that I could get the charge waived, but I am starting to doubt that it will be easy. The cop did say she wouldn't fight me on any of it if the lady didn't call in. She said she had to give me the ticket to cover herself in case the lady did file a complaint (which she didn't do at all). I am set to go to court in a few he days. Any advice on how to handle this once I do get into court? I think I have a case but I don't know how to go about doing this the right way. Thanks in advance.

Nirav
 


S

Shay-Pari'e

Senior Member
nkpatel33 said:
What is the name of your state?

Georgia

I was at a stop light in Cobb County (GA) and I sneezed pretty harshly. My foot came off the pedal just enough to move forward and I barely rear ended the lady in front of me. She insisted on calling the cops in case she suffered any injuries the next day (so she could make a claim if necessary), even though there was no visible damage whatsoever to her car. So I received a "following too closely" citation. The officer said if the lady didn't call in with a complaint that I could get the charge waived, but I am starting to doubt that it will be easy. The cop did say she wouldn't fight me on any of it if the lady didn't call in. She said she had to give me the ticket to cover herself in case the lady did file a complaint (which she didn't do at all). I am set to go to court in a few he days. Any advice on how to handle this once I do get into court? I think I have a case but I don't know how to go about doing this the right way. Thanks in advance.

Nirav
Click to expand...

What kind of cops are there in GA? You got cited on the spot when the cops were called. What Cop thinks that once a report is written, sent to the DA, has the power to tell you "They won't fight it?".

Any input Carl?
 
CdwJava

CdwJava

Senior Member
--PARIDISE-- said:
What kind of cops are there in GA? You got cited on the spot when the cops were called. What Cop thinks that once a report is written, sent to the DA, has the power to tell you "They won't fight it?".

Any input Carl?
Click to expand...
Different states have different rules. In CA if the citation was for the primary collision factor (i.e. following too closely) the police woul dhave already taken a collision report. Since a citation is a 'promise to appear', a crime has to have been committed. And if in GA it requires a person to MAKE the complaint, then you would think the citation/summons could be issued later if that's how it works there.

It seems odd to me.

But, GA does have a system where citizens swear out a warrant ... how this works, I don't know. So it MAY be that they can issue a citation based on a belief that a complaint will be made. But it seems a silly rule to me.

Carl
 
A

abezon

Senior Member
A couple of possible defenses:
1. Hearsay. If you plead not guilty, the state has to prove you were following too closely. The state can only call witnesses to testify regarding what that witness personally saw or heard. The cop cannot testify that the lady said you hit her, but she can testify that you admitted hitting the lady. Any part of the report that talks about what the victim said is inadmissible. Anything that is quoting you is admissible. Many cops aren't specific enough in their traffic citation reports to show who said what, which makes it all hearsay. So, move to supress the officer's report based on hearsay.

I don't know if GA uses a beyond a reasonable doubt standard. If they do, the state cannot call you to testify. You can invoke your 5th amendment rights. Now there's no evidence a collision even took place, nor that you were involved in it.


2. Involuntary action. Involuntary actions are not criminal acts, usually. For example, having a siezure behind the wheel is not criminal unless you knew you were prone to siezures & didn't take the proper medications. Depending on the wording of the exact statute, you may be able to argue that sneezing was an involuntary action, & "following too closely" refers to voluntary driving actions. Analogy: falling asleep at the wheel & rearending someone is not "following too closely", but it is negligent driving, in that you should not have driven when you were so tired.
 
S

Shay-Pari'e

Senior Member
abezon said:
A couple of possible defenses:
1. Hearsay. If you plead not guilty, the state has to prove you were following too closely. The state can only call witnesses to testify regarding what that witness personally saw or heard. The cop cannot testify that the lady said you hit her, but she can testify that you admitted hitting the lady. Any part of the report that talks about what the victim said is inadmissible. Anything that is quoting you is admissible. Many cops aren't specific enough in their traffic citation reports to show who said what, which makes it all hearsay. So, move to supress the officer's report based on hearsay.

I don't know if GA uses a beyond a reasonable doubt standard. If they do, the state cannot call you to testify. You can invoke your 5th amendment rights. Now there's no evidence a collision even took place, nor that you were involved in it.


2. Involuntary action. Involuntary actions are not criminal acts, usually. For example, having a siezure behind the wheel is not criminal unless you knew you were prone to siezures & didn't take the proper medications. Depending on the wording of the exact statute, you may be able to argue that sneezing was an involuntary action, & "following too closely" refers to voluntary driving actions. Analogy: falling asleep at the wheel & rearending someone is not "following too closely", but it is negligent driving, in that you should not have driven when you were so tired.
Click to expand...


The proof is that another car was damaged due to him "Sneezing".
 
CdwJava

CdwJava

Senior Member
I'm curious how you would prove that a sneeze caused the accident as opposed to carelessness. Lacking a witness to the sneeze or biological evidence on the steering wheel, I would say that the presumption is going to be the 'following too closely'.

Carl
 
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