NEW JERSEY - Following Too Closely

[strx804]

Hi There. I recently got a ticket for a violation of Following Too Closely (Code 39: 4-89). This carries a $85 fine, and more importantly 5 points. I am new to New Jersey as of July 2006, and new to my insurance company, GEICO. I researched the slew of monetary and insurance ramifications of getting a ticket like this and plan to fight this ticket, but the advice I would like to ask of other formum members is how to fight it: I think the cop was baiting me, but how to I get the court to see that.

HERE's HOW THINGS HAPPENED: I was driving on a one lane road which then divided into a two lane highway upon approach to the I-295 entrance ramps. As the lane became two lanes, I merged over to the right which happened to be behind a cop, but needed to be in that lane to get onto I-295. I wasn't being stupid, as I got in that lane, I tried to keep a good distance. Immediately the cop coasted then braked, and I knew then I was in trouble but tried to stay away from him; Then he coasted then braked again and threw on his lights. He pulled over to the grassy shoulder to the right, then got back on the road behind me to pull me over. This was after following him for a total of about 7 seconds doing 45mph or less, trying to maintain my distance. I drive this road to work every day and have timed it several times. I know exactly where I was behind him and where he had to have pulled off, because the rest of the road has a hard cement right shoulder. If I tailgaited him for a millisecond, it was because of his irratic braking.

My question is how should I fight this in court...just try to go for "unsafe operation, 0 points + mega fines"; OR should I try to testify about the events leading up to the ticket to with no points, no fines, not guilty, case dismissed? I am not familiar with the Jersey courts and think that no matter what I say, the court will take the cops word against mine.

Thanks to everyone for any help you can provide.

[moburkes]

His breaking should have had no impact on your tailgating him, IF you were following at a safe enough distance. I often drive behind people who keep putting on the brakes, but I don't have to put on mine. Simply taking my foot of the gas is enough. That's because I'm not close enough for it to affect me.

[trieroffact]

The burden of proof rests with the state in this criminal matter...

39:4-89. Following; space between trucks
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.

The driver of a motor truck when traveling upon a highway, outside of a business or residence district, shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.

A reasonable and prudent following distance will vary considerably between drivers, reaction times, brakes and tires, etc. since the statute does not give any guidance this appear to benefit the accused...given no contact between vehicles occured I'm not sure how the state plans to proof the case beyond any reasonable doubt.

Further the behavior of the peace office could be seen as a violation:

39:4-56. Delaying traffic prohibited
No person shall drive or conduct a vehicle in such condition, so constructed or so loaded, as to be likely to cause delay in traffic or accident to man, beast or property.

Braking and coasting below the speed limt without any reason would seem to apply, you would have to testify to such though and try to get an admitt as well

and you were further somewhat bound by the preceding statute as you merged...
39:4-87. Overtaken vehicle to give way
The driver of a vehicle on a highway, about to be overtaken and passed by another vehicle, approaching from the rear, shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Sounds like you performed a fairly proper merge and he may have attempted to impede.

you have your options about right, go in, see if the officer shows, see if any deferments are being handed out in preceding cases - probabtion may be an option to consider, possible ask the DA about your plea idea, if all else fails present you case and question the peace officer as to how he determined the following distance and how he enforces this most likely fuzzy and arbitrary distance in a consistent and fair manner...