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434.03A1 - Failure to Keep Safe Distance

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todd49401

Junior Member
OH- City of Middleburg Heights (mayor's court)

I received a citation for Failure to Keep a Safe Distance after I lightly rear ended a vehicle last week. The ordinance code I was cited with is 434.03A1. I also forgot my wallet that day so I was cited with 436.06A as well.

What happened: This guy was trying to cut in front of me to make a left turn and I didn't let him cut in, but he got in behind me. After he made the left turn he sped up and then got in front of me and slammed on his brakes on purpose. I hit his car and there was a minor scratch. The cops cited me for not keeping a safe distance but his aggressiveness and his action of slamming on the brakes caused the incident to occur. I told the cops what happened but they didn't seem to care much because I did hit his car.

I can't find anything that says I can get out of this or because of his behavior, I can be relieved of responsibility.

Any thoughts or suggestions?

ThanksWhat is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
OH- City of Middleburg Heights (mayor's court)

I received a citation for Failure to Keep a Safe Distance after I lightly rear ended a vehicle last week. The ordinance code I was cited with is 434.03A1. I also forgot my wallet that day so I was cited with 436.06A as well.

What happened: This guy was trying to cut in front of me to make a left turn and I didn't let him cut in, but he got in behind me. After he made the left turn he sped up and then got in front of me and slammed on his brakes on purpose. I hit his car and there was a minor scratch. The cops cited me for not keeping a safe distance but his aggressiveness and his action of slamming on the brakes caused the incident to occur. I told the cops what happened but they didn't seem to care much because I did hit his car.

I can't find anything that says I can get out of this or because of his behavior, I can be relieved of responsibility.

Any thoughts or suggestions?

ThanksWhat is the name of your state (only U.S. law)?
I think you likely have no proof what-so-ever of your claim.
 

proud_parent

Senior Member
I'm sorry, but this made me laugh out loud:

I received a citation for Failure to Keep a Safe Distance after I lightly rear ended a vehicle last week.
My 10 year-old stepdaughter uses precisely the same language when attempting to minimize her own fault -- she 'lightly' pushed her sister down the stairs, 'lightly' slammed the door on the dog's tail, etc.
 

The Occultist

Senior Member
Todd, the fact is that if you were following at a safe distance, then you would not have rear-ended the guy, no matter how hard he slammed on his brakes.
 

Zigner

Senior Member, Non-Attorney
Todd, the fact is that if you were following at a safe distance, then you would not have rear-ended the guy, no matter how hard he slammed on his brakes.
OP is describing an accident that *was* caused by the other driver. It is NOT the fault of the rear-driver if the other car cuts close in front and then immediately slams on the brakes.

Proof is the missing piece here though.
 

racer72

Senior Member
I'm thinking this is a case of 2 idiots driving too close to each other, both did something stupid, ie:

this guy was trying to cut in front of me to make a left turn and I didn't let him cut in,
After he made the left turn he sped up and then got in front of me and slammed on his brakes on purpose
A little common sense by the OP would have saved him a lot of grief.
 

todd49401

Junior Member
You're right, I do not have any "proof" of my claim. Failure to Keep Safe Distance is rather arbitrary- because my car hit his it is de facto my fault? Yeah, I was a jerk by not letting the guy cut in but my action did not cause our vehicles to collide. By him being a jerk and slamming on his brakes, he caused our vehicles to collide.
 

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