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Old 12-01-2004, 01:30 PM
Eric3858
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Inadvertent Tailgater


What is the name of your state?What is the name of your state? Massachusetts

Was traveling through NY State (with MA drivers license) and received a "following too closely" ticket. Wondering what the ramification is of simply paying fine- I do not want my insurance to go up and this is a 4 point infraction. How should I proceed?
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Old 12-01-2004, 01:57 PM
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Did the cop observe you following too closely or did you get a ticket after an accident? If the cop didn't see what happened, you should contest the ticket, get a copy of the police report, and move to supress the officer's report in court on the grounds that it is hearsay. No report=no evidence=no ticket. Unless the state is on the ball and subpoenas a witness, the state cannot proceed. BTW, object to any request by the state for a continuance. You were there & prepared & the state shouldn't get another chance just because the prosecutor gambled you wouldn't know what you were doing.

If the cop did see you following too closely & pulled you over for that, you can fight the ticket (you were following at a safe distance until some nimrod cut in front of you & you were backing off as fast as you could when the cop observed you) or you can request a deferred prosecution/traffic school if you're eligible. With the latter 2, you pay a "fee" & plead guilty, but if you meet the conditions (attend school/don't get a ticket for a year or so), the ticket disappears & never goes on your record. If you break the conditions, you get to pay the full ticket price too! Yea!

Finally, you can ask the court to mitigate the fine. You admit guilt, but the court reduces the ticket amount. You still get the points.
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Old 12-01-2004, 02:06 PM
Eric3858
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The cop did see it and there was a nimrod involved (I was on cruise control at 74, he came into the left lane without a signal- I might add- I did not adjust cruise awaiting his as abrupt return to the right lane- hey there's a cop behind me!) I argued with him a little, but he wasn't in the mood for a discussion about nimrods- only about how I was one! He held back on the speeding ticket (saving grace).

What is the eligibilty requirement for the fee/school option?
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