Following too close

[GS2]

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

Hi,

I received a "following too close" ticket. I did a discovery request and the cop wrote on the back of the ticket that I was less than one car length from the car in front. The circumstances: I was driving on a LA freeway, and I had just merged into the far left passing lane (somewhat close to the car newly in front). The cop was two to three lanes over, slightly behind me.

So, I'd like some feedback on my case. I know that I have to prove I was driving "at a reasonable distance". First question: I read one person's account online, and he claimed that it is easy to prove one was driving at a reasonable distance, since "reasonable" is a very imprecise notion. So my question is, how well will the officer be able to argue that he could see my distance from the car in front of me from his vantagepoint behind and a couple lanes away from me? I am sure I was not less than one car length! And also, does it help to explain that I was braking and the car in front of me was speeding up? Second question: I want advice on how to contest the cop's notes written on the back of ticket; they quote me as saying "Was I tailgating?" This is absolutely not what I said. What I had asked was for him to clarify what he meant by "following too close" since I had no idea what he was citing me for. At some point during his clarification I asked him, "You're saying I was tailgating?" (to which he replied yes). So, the officer's quote of me is false, misleading, and makes me look like I had admitted to something. Third and final question: I'd like to know if the officer can write me a speeding ticket while we are on trial for the "following too close" case. I was going 65 and the speed limit was 55 on this particular stretch of the highway. The officer did not cite me for speeding, but did note my speed and the speed limit on the "following too close" ticket. I read somewhere online that the officer can write me a ticket while in court! Is this true, or, hopefully, is there some sort of statute or prohibition against the cop writing me another ticket like that?

Thanks in advance for any one's tips!

 

[OHRoadwarrior]

To win you need overcome his assertion. You have no witnesses. Trying to engage the court in mental masturbation will not get you out of the ticket. The police officers testimony will weight heavier than yours.

 

[CdwJava]

The officer is NOT going to write you another citation in court. That's absurd.

No one can say how well the officer will articulate his observations. If you choose to go to trial rather than seek traffic school, the officer will have his say, you will have a chance to cross examine him, then you will have a chance to put on your case ... whatever your defense might be. The judge will then render his decision.

Under no stretch of the imagination is one car length going to be appropriate for a freeway, no matter the speed. Even on a residential street with a 25 MPH speed limit, that would be far too close.

You might want to sit in on some local traffic court dates to see how things go. It might also be possible that should you choose to take the stand at trial that the court may not permit you to take traffic school afterwards. Some courts will be less inclined to allow traffic school after you are found guilty at trial than others.

You can also try a trial by written declaration. if you lose that, then you can try for a trial de novo - a new trial - and go before a judge. Essentially you can get two tries to see if the officer will not respond or show up and you might win by default.

 

[OHRoadwarrior]

CVC 21703. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.

So mr defendant, tell us in your words what happened.

I was following this other car at a reasonable and prudent distance, when this mean ol' cop pulled me over n gave me a ticket.

Why do you think the officer did that?

I was carefully adjusting my speed to maintain that safe distance your honor. He was so far behind me, he must have misinterpreted my brake lights coming on.