Hi There. I recently got a ticket for a violation of Following Too Closely (Code 39: 4-89). This carries a $85 fine, and more importantly 5 points. I am new to New Jersey as of July 2006, and new to my insurance company, GEICO. I researched the slew of monetary and insurance ramifications of getting a ticket like this and plan to fight this ticket, but the advice I would like to ask of other formum members is how to fight it: I think the cop was baiting me, but how to I get the court to see that.
HERE's HOW THINGS HAPPENED: I was driving on a one lane road which then divided into a two lane highway upon approach to the I-295 entrance ramps. As the lane became two lanes, I merged over to the right which happened to be behind a cop, but needed to be in that lane to get onto I-295. I wasn't being stupid, as I got in that lane, I tried to keep a good distance. Immediately the cop coasted then braked, and I knew then I was in trouble but tried to stay away from him; Then he coasted then braked again and threw on his lights. He pulled over to the grassy shoulder to the right, then got back on the road behind me to pull me over. This was after following him for a total of about 7 seconds doing 45mph or less, trying to maintain my distance. I drive this road to work every day and have timed it several times. I know exactly where I was behind him and where he had to have pulled off, because the rest of the road has a hard cement right shoulder. If I tailgaited him for a millisecond, it was because of his irratic braking.
My question is how should I fight this in court...just try to go for "unsafe operation, 0 points + mega fines"; OR should I try to testify about the events leading up to the ticket to with no points, no fines, not guilty, case dismissed? I am not familiar with the Jersey courts and think that no matter what I say, the court will take the cops word against mine.
Thanks to everyone for any help you can provide.
HERE's HOW THINGS HAPPENED: I was driving on a one lane road which then divided into a two lane highway upon approach to the I-295 entrance ramps. As the lane became two lanes, I merged over to the right which happened to be behind a cop, but needed to be in that lane to get onto I-295. I wasn't being stupid, as I got in that lane, I tried to keep a good distance. Immediately the cop coasted then braked, and I knew then I was in trouble but tried to stay away from him; Then he coasted then braked again and threw on his lights. He pulled over to the grassy shoulder to the right, then got back on the road behind me to pull me over. This was after following him for a total of about 7 seconds doing 45mph or less, trying to maintain my distance. I drive this road to work every day and have timed it several times. I know exactly where I was behind him and where he had to have pulled off, because the rest of the road has a hard cement right shoulder. If I tailgaited him for a millisecond, it was because of his irratic braking.
My question is how should I fight this in court...just try to go for "unsafe operation, 0 points + mega fines"; OR should I try to testify about the events leading up to the ticket to with no points, no fines, not guilty, case dismissed? I am not familiar with the Jersey courts and think that no matter what I say, the court will take the cops word against mine.
Thanks to everyone for any help you can provide.