Following closely / Braking Ticket - No Accident

[MasterEvilAce]

What is the name of your state?
North Carolina

I typed this then it got erased before it sent.. So here goes again.

On October 1st, I was on highway I-485 (two lanes, I was in the left). I was going over a bridge with concrete dividers on both sides. Half-way across, the car infront of me slams on his brakes, causing me to hit mine to avoid collision. When we got off the bridge, I saw the officer off in the grass to the left. He turned on his lights and I pulled over. He waved to me to follow him, and he pulled over the guy infront of me as well.

I was cited for:
OPERATE A MOTOR VEHICLE ON A STREET OR HIGHWAY BY FAILING TO SEE BEFORE STOPPING THAT SUCH MOVEMENT COULD BE MADE IN SAFETY (g.s. 20-154)

and

OPERATE A MOTOR VEHICLE ON A STREET OR HIGHWAY BY FOLLOWING ANOTHER VEHICLE MORE CLOSELY THAN IS REASONABLE AND PRUDENT, WITHOUT DUE REGARD FOR THE SPEED OF SUCH VEHICLE AND THE TRAFFIC UPON AND THE CONDITIONS OF THE HIGHAY. (G.S. 20-152(A))

On ticket: Open country, clear weather, clear visibility, medium traffic, no accident


I plead not guilty and have to go to court on January 17th. The first citation makes no sense, as the only thing I could do at the time WAS to brake. Otherwise I would have hit the car infront of me, a concrete divider on the left, or cars on the right. It was the safest action available.

And I don't believe I was following too closely. It is based on "reasonable and prudent" which I believe I was a safe distance from the vehicle infront of me. I was able to slow down in time to avoid hitting the car infront of me. When my car passed the officer, I was about a car length away from the car in front of me. There was a concrete divider which I am sure blocked his visibility of me to some degree.


I am looking to get them dropped completely. Anybody have any tips or opinions on fighting this?
Thanks.

 

[MasterEvilAce]

Bump to the top

 

[seniorjudge]

What is the name of your state?
North Carolina

I typed this then it got erased before it sent.. So here goes again.

On October 1st, I was on highway I-485 (two lanes, I was in the left). I was going over a bridge with concrete dividers on both sides. Half-way across, the car infront of me slams on his brakes, causing me to hit mine to avoid collision. When we got off the bridge, I saw the officer off in the grass to the left. He turned on his lights and I pulled over. He waved to me to follow him, and he pulled over the guy infront of me as well.

I was cited for:
OPERATE A MOTOR VEHICLE ON A STREET OR HIGHWAY BY FAILING TO SEE BEFORE STOPPING THAT SUCH MOVEMENT COULD BE MADE IN SAFETY (g.s. 20-154)

and

OPERATE A MOTOR VEHICLE ON A STREET OR HIGHWAY BY FOLLOWING ANOTHER VEHICLE MORE CLOSELY THAN IS REASONABLE AND PRUDENT, WITHOUT DUE REGARD FOR THE SPEED OF SUCH VEHICLE AND THE TRAFFIC UPON AND THE CONDITIONS OF THE HIGHAY. (G.S. 20-152(A))

On ticket: Open country, clear weather, clear visibility, medium traffic, no accident


I plead not guilty and have to go to court on January 17th. The first citation makes no sense, as the only thing I could do at the time WAS to brake. Otherwise I would have hit the car infront of me, a concrete divider on the left, or cars on the right. It was the safest action available.

And I don't believe I was following too closely. It is based on "reasonable and prudent" which I believe I was a safe distance from the vehicle infront of me. I was able to slow down in time to avoid hitting the car infront of me. When my car passed the officer, I was about a car length away from the car in front of me. There was a concrete divider which I am sure blocked his visibility of me to some degree.


I am looking to get them dropped completely. Anybody have any tips or opinions on fighting this?
Thanks.

Based solely on your facts, you are guilty of both.

 

[CarrieT]

Based solely on your facts, you are guilty of both.

I agree with you on the second, only because the OP says that he had to 'slam on the brakes to avoid collision' and a person is supposed to be far enough distant that they can put on their brakes (not slam them) to come to a stop a reasonable distance away without threat of collison.

But Im curious... where do you see guilt in the first one Seniorjudge? (Im seriously asking, not being facetious).

Carrie