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Tailgating in NJ

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B

bsl

Guest
I have gotten myself into a rather sticky situation. I was driving in my township at 25 mph, ahead of me was a police car. All of a sudden he stops and waves me to pass. As I am passing him, he tells me to stop, and sites me for "tailgating". This is a very nasty offence in NJ (5 points on the license). I am 100% sure that he was a least 2-3 car lengths ahead of me, but how can I prove it? The ticket was issued on March 31 (Can it be that he was trying to fulfil his quota?) Incidentally: it happened in Marlboro, NJ (the cops in this town are looking for any excuse to give a ticket, for they nothing else to do ), so be very careful when you drive through this place. Anyway, any suggestion?
 


T

Tracey

Guest
Did he turn around and look at you or was he guessing your distance by looking in the rearview mirror? Is your car particularly imposing in a rearview mirror? Jacked up trucks LOOM quite unnervingly and appear closer than they are. Were you counting your interval using sign posts? Were there parked cars so that you could say you were 3 cars back? Can you follow a friend at 25 mph at 2 seconds and say that it was the same distance as you followed the cop? Can your friend say that you looked like you were closer than 2 seconds back?

Get the idea? You don't tell the judge the cop was filling his quota. You say that the fine upstanding officer was unfortunately and understandably mistaken. (Don't try to get this out of the officer on cross examination. Just get him to admit that he didn't turn around to watch you.)

If you have a clean license and can convince the judge you were 2 seconds behind, you might win. If you lose, you will get stuck with the fine AND court costs. It's your gamble.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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