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Following too Close

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Okemo

Junior Member
Alabama

I was following a car in the left lane on the interstate in Alabama when we approached a State Patrol car on the side of the road. The car in front slammed on his breaks and caught me by surprise. I slowed down in time to avoid a collision but the gap between us was under two car lengths as we passed by the officer. He promptly pulled me over and issued me a ticket for following too close. I explained what had happened but he would have none of it.

Is it worth appearing in court to plead my case that the reason I was too close was due the reaction of the driver in front of me after seeing the officer on the side of the road? I received no other charges from the incident.

Thanks for your advice.
 


The Occultist

Senior Member
I think it's very possible that it could be argued that since you were able to stop in time to avoid a collision that you were indeed not following too closely, but it may take the aid of a local traffic attorney to successfully make that argument. Many attorneys offer free/cheap consultations, and I advise you sit down with a couple to see what they may have to say.
 

justalayman

Senior Member
I think it's very possible that it could be argued that since you were able to stop in time to avoid a collision that you were indeed not following too closely, but it may take the aid of a local traffic attorney to successfully make that argument. Many attorneys offer free/cheap consultations, and I advise you sit down with a couple to see what they may have to say.
I agree. The only arguement I can see on the side of the officer is, depending on where the car in front of you slowed down and how far were you "tailgating" the car in front of you.

In other words, if the car slowed down and you came up close and failed to take any further action to increase the distance between the two of you, the the charge may be justified. If the officer saw you immediately after the car slowed and you had not had time to correct your following distance, then the charge is unjust.
 

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