Tailgating Ticket in CA

[oarce_5]

California

I was going on the 5 north near the 8 west connector. If you have ever driven there theres always congestion right were the 8 merges on and all the way up to maybe mission bay drive.

Anyway so Im driving and Im in the fast lane going with the flow of traffic and I look in my rear view and see a benz on my ass. Then I look up again and see a cop merge behind the benz with its lights on. I think "Phew" not me. I tried to merge over but there was too much traffic. I look back up and the benz merged over but not the chp. then he speeds up and gets behind me. So I thought well maybe hes on his way to another call or something. I merge over and he gets behind me. Anyway he pulled me over for tailgating. I honestly don't remember if there was even a car infront of me. I would assume there was because of all the traffic but there was alot of traffic. HOW can you pull someone over for tailgating when traffic is all congested?

I think he may targeted me with my honda civic and my AZ plates.

I requested an extension and I really want to fight it so I don't have to pay 152.00.

What advice do you guys have on how to go about this?

[JETX]

Originally Posted by oarce_5

What advice do you guys have on how to go about this?

There really is no physical evidence to present for your defense in this type of ticket. Simply, the officer witnesses the violation and cites you. Add the fact that you don't even remember the car in front of you at the time.... and you have no defense at all.

[The Occultist]

Originally Posted by oarce_5

HOW can you pull someone over for tailgating when traffic is all congested?

No matter how congested traffic is, it is YOUR responsibility to ensure a safe following distance.

[ENASNI]

I was in the Benz and had an open container,thanks for tail-gaiting I appreciate it. This was in Hotel Circle right? Again... thanks.



( only kidding Carl.. it was a red-bull they just look like Coors-light) I was trying to make a funny.

[oarce_5]

but what im saying is shouldn't he have pulled over the person that was tailgating me instead? The officer admitted to me that there were a few other cars that we commiting the same offense.

[ENASNI]

Originally Posted by oarce_5

but what im saying is shouldn't he have pulled over the person that was tailgating me instead? The officer admitted to me that there were a few other cars that we commiting the same offense.

Okay I guess it wasn't you, it was the guy with the sense of humor, I thought I recognized your lioense plate in your sign-in name..

Good-luck. someone will help you besides silly ol me.. Go Padres.

[The Occultist]

Originally Posted by oarce_5

but what im saying is shouldn't he have pulled over the person that was tailgating me instead? The officer admitted to me that there were a few other cars that we commiting the same offense.

The officer probably saw you do it first, so decided to pull you over first. Question: how many squad cars did you see in the area at the time of stop? My guess is 1, the one that pulled you over. One car cannot pull over 50 cars at the same time. You, my friend, had the misfortune of being the one that was pulled over.

FYI: "Everyone else was doing" is not a valid defense.

[CdwJava]

Originally Posted by oarce_5

I was going on the 5 north near the 8 west connector. If you have ever driven there theres always congestion right were the 8 merges on and all the way up to maybe mission bay drive.

Used to live there. Bad traffic, yes, but it is still possible to pull back from the cars in front of you to some degree.

HOW can you pull someone over for tailgating when traffic is all congested?

Because you still have a legal requirement to leave a proper space between your vehicle and the one in front of you. I used to drive this area frequently, as well as the 5/805 split, so I know what you're talking about.

I think he may targeted me with my honda civic and my AZ plates.

Honda Civics are not standout targets, and neither are AZ plates. Even if he did not like Hondas or people from AZ, it still does not mean anything when it comes to defending yourself from the citation.

I requested an extension and I really want to fight it so I don't have to pay 152.00.

What advice do you guys have on how to go about this?

You can always start with a trial by written declaration (TBD). But that won't allow you to cross examine the officer. if you lose, you can always get a new trial and go to court. however, by this time you may have lost any option for traffic school. When you go to trial, typically the court removes traffic school as an option.

You can also pay an attorney to fight the matter for you ... but that would be more than the fine.

Your call.

- Carl