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TailGating

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mvatoyota

Junior Member
What is the name of your state (only U.S. law)?
New York - NYC metropolitan

The citation I must say was completely unexpected. It originally stemmed from a car accident I was involved in where I rear-ended a vehicle ahead of me on the Verrazano bridge as a direct result of the cars in my lane caming to a sudden stand-still while cars on lanes right and left of me kept going. I must add this was at 10pm - which is late for me considering I'm usually in bed before then/getting up for work at 5am (Medical School regimen). I definitely kept my safe distance, but unfortunately had no time to react with the sudden stop and my delayed reaction. After we reported the accident, the officer came on scene about an hour later to give me a tailgating ticket - one that he wasn't even there to witness.

I had my court date today - explained everything to the judge...who impatiently ruled me guilty to go pay(Really rude!!) - i tried to be as polite as possible.

The security gaurd by the door suggested I appeal the ruling because this judge is notoriously viscious.

Any suggestions on how I could organize a good appeal?

thanks in advance
Michael
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
New York - NYC metropolitan

The citation I must say was completely unexpected. It originally stemmed from a car accident I was involved in where I rear-ended a vehicle ahead of me on the Verrazano bridge as a direct result of the cars in my lane caming to a sudden stand-still while cars on lanes right and left of me kept going. I must add this was at 10pm - which is late for me considering I'm usually in bed before then/getting up for work at 5am (Medical School regimen). I definitely kept my safe distance, but unfortunately had no time to react with the sudden stop and my delayed reaction. After we reported the accident, the officer came on scene about an hour later to give me a tailgating ticket - one that he wasn't even there to witness.

I had my court date today - explained everything to the judge...who impatiently ruled me guilty to go pay(Really rude!!) - i tried to be as polite as possible.

The security gaurd by the door suggested I appeal the ruling because this judge is notoriously viscious.

Any suggestions on how I could organize a good appeal?

thanks in advance
Michael
Appeal what? The absolutely correct ruling?
You were following too closely, as evidenced by your own admission that you didn't have time to react.
 

Antigone*

Senior Member
anyway, can anyone provide me with something constructive?

...zinger - get a life.
Dude...:rolleyes:

Sorry you didn't like the correct answer that you got. So take the word of the security guard and appeal, no skin off our backs. In fact, why not go back to him and ask him how to organize your appeal.
 

CdwJava

Senior Member
Check with the court how you can appeal. However, unless the rules of court in NY are unusual, simply disagreeing with the judge's verdict is not generally grounds for an appeal.

As a general note, if you are following someone so close that if they come to a sudden stop you will collide with them, well, you are ... uh ... following too closely. I suspect that whatever statute you were convicted of indicates that you must travel at a safe and prudent distance. As such, being involved in a rear-end collision would sort of be strong evidence that you were not following at a safe and prudent distance.
 

justalayman

Senior Member
anyway, can anyone provide me with something constructive?

...zinger - get a life.
what are you looking for? You hit a car in front of you. That is prima facia evidence of you following too closely (tailgating). Now, if you have some defense to explain why you aren't at fault, take that to the judge and give it a shot.

If you appeal, you might want to leave the too tired to drive safely thing out. That in itself will get you convicted.
 

HighwayMan

Super Secret Senior Member
Let me guess, your case was heard at the Staten Island Traffic Violations Bureau? Sounds like you met Judge Levine! I'll bet he hit you with a hefty fine as well.

Of course you can appeal - but it costs you money. You can appeal either the verdict itself, or the penalty.

Appealing the verdict involves paying for a written transcript of the hearing and then using it to point out to the appeals board what element(s) was missing in the officer's testimony. Unless you are an attorney or you know what the necessary elements of the offense are you don't stand much of a chance. It is NOT like appealing a parking ticket verdict at all.

By definition, if you did not have enough time to react then you were following too closely.
 

CraigFL

Member
I find the OP's original post perplexing. He essentially writes enough information to show all of us that he is guilty but is unable to interpret it with our same results(a med student too!) AND asks for help to escape from the punishment.

The judge had no time for this foolishness and neither do I....
 

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