Following too close/Tailgating NYC

[nycrna]

What is the name of your state? New York

I was driving on the West Bound BQE going towards Brooklyn from Manhattan. For anyone who knows that area, it's under alot of construction with lane shifts, potholes, and no lines even painted. I was driving about 37-40mph, following another car that was about 3 car lengths in front of me. I saw flashing lights behind me from a pretty far distance and assumed it was an emergency vehicle, so I started to slow down to cut behind another driver on my right, to get out of the way. Then I realized the cop was pulling me over when he started to tailgate & follow me. There were no shoulders so I had to drive 1/2 mile to an exit and pull over on a side street.
When he finally got to my car, he yelled at me for not pulling over sooner, said I was swerving in between lanes, and gave me a summons for tailgating.

My question/problem is how does a cop determine I'm tailgating, when he was so far behind me?
How would I go about fighting this at my hearing since I pleaded not guilty?
Thanks in advance for the help!What is the name of your state?

 

[cepe10]

What is the name of your state? New York

I was driving on the West Bound BQE going towards Brooklyn from Manhattan. For anyone who knows that area, it's under alot of construction with lane shifts, potholes, and no lines even painted. I was driving about 37-40mph, following another car that was about 3 car lengths in front of me. I saw flashing lights behind me from a pretty far distance and assumed it was an emergency vehicle, so I started to slow down to cut behind another driver on my right, to get out of the way. Then I realized the cop was pulling me over when he started to tailgate & follow me. There were no shoulders so I had to drive 1/2 mile to an exit and pull over on a side street.
When he finally got to my car, he yelled at me for not pulling over sooner, said I was swerving in between lanes, and gave me a summons for tailgating.

My question/problem is how does a cop determine I'm tailgating, when he was so far behind me?
How would I go about fighting this at my hearing since I pleaded not guilty?
Thanks in advance for the help!What is the name of your state?

Very good question - the charge is vague and hard to support - aside from hitting the car in front of you that is - in which case the insurabce hike and damages are punitive enough in themselves - I'd recommend contesting it - arguing reasonable doubt and bringing up the officer didn't have a very good view in the conditions/traffic density and the unusual circumstances in the area construction zone - lanes not maked properly etc. (see MUTCD) for temporary work zone reqments...pictures and diagrams will help as well.

 

[You Are Guilty]

Very good question - the charge is vague and hard to support - aside from hitting the car in front of you that is - in which case the insurabce hike and damages are punitive enough in themselves - I'd recommend contesting it - arguing reasonable doubt and bringing up the officer didn't have a very good view in the conditions/traffic density and the unusual circumstances in the area construction zone - lanes not maked properly etc. (see MUTCD) for temporary work zone reqments...pictures and diagrams will help as well.

And pray tell what significance the lane markings, or even total lack of, have on a tailgating ticket? You might as well tell him to check that the street lamps were putting out enough candle-feet. Neither one is going to make a shred of difference when he goes to court (other than to piss off everyone in the courtroom).

As a practical matter, there is no sure fire way to contest these tickets. You go in, if your record is clean, you usually get offered a plea bargain. If you decline it, or have a crappy record, then you request a hearing and hope that the officer is honest and you are able to show he couldn't have seen you.

These things inevitably come down to a he said-she said between you and the officer, and well, you know who the court's going believe in that scenario more often than not.

Having said all that, most highway police won't write a tailgating ticket unless its a really egregious violation. Like, empty road but you're 10' from the guy ahead of you egregious. So, if you really were as far back as you say you were, you have as good a shot of beating the ticket as anyone.

 

[nycrna]

As a practical matter, there is no sure fire way to contest these tickets. You go in, if your record is clean, you usually get offered a plea bargain. If you decline it, or have a crappy record, then you request a hearing and hope that the officer is honest and you are able to show he couldn't have seen you.

These things inevitably come down to a he said-she said between you and the officer, and well, you know who the court's going believe in that scenario more often than not.

Having said all that, most highway police won't write a tailgating ticket unless its a really egregious violation. Like, empty road but you're 10' from the guy ahead of you egregious. So, if you really were as far back as you say you were, you have as good a shot of beating the ticket as anyone.

Thanks, I do have a clean record, last violation was over 5yrs ago, not speeding but a cellphone ticket. I'm just afraid that the 4pt violation is going to hurt my insurance, and I think this was a very unfair ticket.
Thanks for the help & advice!

 

[cepe10]

And pray tell what significance the lane markings, or even total lack of, have on a tailgating ticket? You might as well tell him to check that the street lamps were putting out enough candle-feet. Neither one is going to make a shred of difference when he goes to court (other than to piss off everyone in the courtroom).

As a practical matter, there is no sure fire way to contest these tickets. You go in, if your record is clean, you usually get offered a plea bargain. If you decline it, or have a crappy record, then you request a hearing and hope that the officer is honest and you are able to show he couldn't have seen you.

These things inevitably come down to a he said-she said between you and the officer, and well, you know who the court's going believe in that scenario more often than not.

Having said all that, most highway police won't write a tailgating ticket unless its a really egregious violation. Like, empty road but you're 10' from the guy ahead of you egregious. Sofoillwin, if you really were as far back as you say you were, you have as good a shot of beating the ticket as anyone.

As you know from your basic transportation engineering module in your engineering courses and on the proffesional engineering test - having improperly marked travel lanes creates congestion - reduces spacing and the reduced free flow speed causes increased density i.e. unusual circumstances that would lead to a perception of tailgating when there is none occuring in reality based on the actual travel speed. I am simply recommending to present the unusual circumstances to the court.

The poster is correct in this avenue (35 mph work zone conditions) and an honest judge is going to know that spacing is reduced in these types of situations.

A point in case - recently the VDOT marked with lines across the pavement the "proper" i.e. ultra conservative following distance on the beltway. Of course this was at the 65 mph design speed - motorists kept adhering to the following distances th following morning and free flow speeds continually decreased and density increased until total gridlock occured - they kept the same marked following distance (at design speed) even as speeds went down to 20 mph and then to zero. That day they had to remove the markings and signs