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Truck Following Too Closely - Valid?

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proptied

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I was given a traffic ticket because I hit a vehicle in front of me after they came to an emergency stop. I, unfortunately, could not stop fast enough. The officer wrote it down as "Truck Following Too Closely" and WI state statue "346.14(2)(a)." After reading the statute it deals with a vehicle with a gross weight of 10,000lbs or more. My SUV weighs 4500lbs. Is this something I should fight or am I incorrectly reading the statute and should just accept it?What is the name of your state (only U.S. law)?
 


The Occultist

Senior Member
I believe you are correct and that you should have been cited for 346.14(1). If this is not the case, you can surely make the argument that your vehicle does not meet the criteria for 346.14(2)(a) and move for a dismissal, however a potential outcome of such an action is that you receive a new citation for the correct charge, which means you merely would have delayed the inevitable.

The best thing you can do is speak with a local traffic attorney. He will not only know how the courts would handle such an argument, but, should he represent you, will also know exactly what the courts want to hear, and as such present the highest potential in yielding the most favorable results. Many attorneys will offer free/cheap consultations, so you should take advantage of ths and sit down with a couple to see what insight they may have to offer.
 

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