Following Too Close

[bspencer]

What is the name of your state? Minnesota

I was pulled over in January, 2005 for Following too close. there was no accident, and the officer was in an unmarked car in front of me. It was a 40mph zone and the officer was driving 30mph. As I completed a 50 degree turn in the road, there was the officer, driving slowly. I slowed down but the officer slowed even more, then pulled over. I hovered safely behind him until he was completely on the shoulder and then carefully passed. He flipped on his lights and pulled me over for following too close.

Here are some issues i have for my defence.
1) the officer was the one who was impeding traffic, causing me to approach him to a less than the 'rule of thumb' of 4 car lengths.
2) i was behind the officer, and "objects in mirror may appear closer"
3) the officer wrote a time on the ticket that was 2 hours after the time he pulled me over (which i can prove)
4) My arrainment was on February 8th, where I pleaded not guilty. I just recieved notice for my trial at the end of may.

Questions I have:
Is there a Statute of Limitations on Traffic Violations in Mnnesota, Winona County?
What is the strongest defence I have listed above?
What other defences can I pull out given the story above.

Thanks!!!

Originally Posted by bspencer

What is the name of your state? Minnesota

I was pulled over in January, 2005 for Following too close. there was no accident, and the officer was in an unmarked car in front of me. It was a 40mph zone and the officer was driving 30mph. As I completed a 50 degree turn in the road, there was the officer, driving slowly. I slowed down but the officer slowed even more, then pulled over. I hovered safely behind him until he was completely on the shoulder and then carefully passed. He flipped on his lights and pulled me over for following too close.

Here are some issues i have for my defence.
1) the officer was the one who was impeding traffic, causing me to approach him to a less than the 'rule of thumb' of 4 car lengths.
2) i was behind the officer, and "objects in mirror may appear closer"
3) the officer wrote a time on the ticket that was 2 hours after the time he pulled me over (which i can prove)
4) My arrainment was on February 8th, where I pleaded not guilty. I just recieved notice for my trial at the end of may.

Questions I have:
Is there a Statute of Limitations on Traffic Violations in Mnnesota, Winona County?
What is the strongest defence I have listed above?
What other defences can I pull out given the story above.

Thanks!!!

Q: Is there a Statute of Limitations on Traffic Violations in Mnnesota, Winona County?

A: Yes and it stopped running the instant you got the ticket.


Q: What is the strongest defence I have listed above?

A: The only defense to following too closely is that you were not following too closely.

1) the officer was the one who was impeding traffic, causing me to approach him to a less than the 'rule of thumb' of 4 car lengths.
2) i was behind the officer, and "objects in mirror may appear closer"
3) the officer wrote a time on the ticket that was 2 hours after the time he pulled me over (which i can prove)
4) My arrainment was on February 8th, where I pleaded not guilty. I just recieved notice for my trial at the end of may.

Questions I have:
Is there a Statute of Limitations on Traffic Violations in Mnnesota, Winona County?
What is the strongest defence I have listed above?
What other defences can I pull out given the story above.

Thanks!!![/quote]


Q: Is there a Statute of Limitations on Traffic Violations in Mnnesota, Winona County?

A: Yes and it stopped running the instant you got the ticket.


Q: What is the strongest defence I have listed above?

A: The only defense to following too closely is that you were not following too closely.

1) the officer was the one who was impeding traffic, causing me to approach him to a less than the 'rule of thumb' of 4 car lengths.

"The cop made me do it" is not a defense.


2) i was behind the officer, and "objects in mirror may appear closer"

The cop knows this and also viewed you in his rearview mirror; he is an expert at judging distances.


3) the officer wrote a time on the ticket that was 2 hours after the time he pulled me over (which i can prove)

Time is not an element of the offense so this is irrelevant.


Q: What other defences can I pull out given the story above.

A: None.

[bspencer]

What about the right to a speedy trial, over 3 months for a minor traffic vilolation is a little excessive.

Also the time on the ticket is relevent to the case. This proves that the officer's judgements were off. If he can't tell time, how can he judge distance?

Q: What about the right to a speedy trial, over 3 months for a minor traffic vilolation is a little excessive.

A: Speedy trial statutes generally do not cover traffic offenses. Three months for a minor traffic violation is normal.


Q: Also the time on the ticket is relevent to the case. This proves that the officer's judgements were off. If he can't tell time, how can he judge distance?

A: Answered in prior post.