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the cop was behind me, I feel like I was not that close. If the cop was behind me how does he really no that I was to close? I have a date to fight the ticket. Do you think that I could win this? ANY ADVICE WHAT TO SAY TO THE JUDGE?

PS I was driving on a country road, and there were no other cars around for miles.

2006-08-22 16:04:28 · 15 answers · asked by v 2 in Politics & Government Law Enforcement & Police

just to let you all know the cop car was as close to my car as I was to the car in front of me.

2006-08-22 16:13:55 · update #1

15 answers

I offer a sort of practical response to your question. It won't be critical of you. There's a way you can test your theory. Sometime this week or next when you're out driving and happen to think of it, observe the distance that other cars are followng each other. I think you're an observant person - you have the same judgment probably that any officer has. Can you distinguish what cars are closer to the cars in front of them than, say, other cars. Have you ever seen someone following (in your judgment) too close. While behind another car in traffic, can you tell for instance, if that car is a car length away (or two) from the one in front of it, versus being 6 or 8 car lengths away?

A traffic court judge is going to recognize that an officer, as well as any citizen, can with normal observation powers make these kinds of judgments. The judge will ask the officer about how fast your car was traveling when the violation happend and about how close your car was to the one in front and for how much distance did you maintain that position. He will have an answer for all of this, because after writing the citation he wrote alot of notes on the back of his copy of the ticket, and he'll probably be even able to tell the climate at that hour.

Saying that there was no other cars on the road for miles won't benefit you, since you were cited for following only the car in front of you too close, not any other cars. Whether its a country road, a city avenue or a freeway is not part of the violation requirements.

I have no advice on what to say to the judge. That has to come from you. All you can do is tell the truth as you see it, express your belief and feelings if you desire, but no one else can do better than you in describing what you wish to describe.

There's one thing (at least) that you can do in preparation. Go to the library. There is a vehicle code there in the reference section. Look up the section you were cited for and read it over a few times. At least know how it's described before you offer your defense.

2006-08-22 16:51:35 · answer #1 · answered by nothing 6 · 1 1

Ther is no law on the books that allow that type of ticket unless you are involved in an accident.Your need to point that out to the Judge.Ask the courts to show you "the statue of this "
A few year's ago we had cops writing tickets for failure to "turn into the nearest legal lane after a turn"needless to say they were all thrown out.Also use the defense that that you used here"your honor how could the officer see the car in front of me if he was behind me "(Was it a gravel road? that would throw more in your favor do to the dust created by the cars)Hopefully you have an honest Judge cause this thing should be thrown out with no hassle what so ever.

2006-08-22 16:16:48 · answer #2 · answered by jgmafb 5 · 0 0

There is no way you'll get out of the ticket based upon your word against the officer's.

Most people don't know that the rule is to maintain one car length of distance between you and the car you're following for every ten miles an hour you're traveling. If you're going forty miles an hour, you should leave four car lengths between you and the car in front of you. It's easy to slip and follow another car too closely.

You'll save yourself a headache if you just pay the fine.

2006-08-22 16:10:13 · answer #3 · answered by Lanani 6 · 0 0

Try this question to establish whether or not your following this 'ghost car' was a HAZARD: how did the officer establish that YOU WERE a hazard to the vehicle in front of YOU? If the cop's answer doesn't mention that you applied your brake lights at any time during your forward motion, how can he establish your distance or HAZARD? Good luck. It just may work! I've seen judges buy stranger testimonies.

2006-08-22 21:39:51 · answer #4 · answered by lincolnunit 2 · 0 0

How close were you to the other car? It should be 1 car length per 10 miles you were going.

If you were not doing this pay the ticket.

Although it sounds like he needed to make his ticket quota? Thought you were a different suspect? Or you were really following to close?

2006-08-22 16:09:25 · answer #5 · answered by Anonymous · 0 0

i would not concern approximately this too lots. the guy might might desire to take their digital camera pictures to the police and that they might might desire to write out the cost tag and deliver it to you. you will possibly then have the possibility to combat the cost tag in courtroom. At that element, the police might might desire to teach that the pictures is sturdy, which you have been the driving force and which you have been breaking the regulation. in certainty, the police are skating on skinny ice because it somewhat is with giving tickets. If each physique fought the tickets in courtroom, as they have a top to do, maximum of them might might desire to be thrown out. the two the officer would not have time to take place for the courtroom date or the information would not postpone. So, I even have severe doubts that the police are going to become in touch with this. on occasion people get puzzled between a electorate arrest and implementing the regulation. A citizen can carry somebody who's breaking the regulation till the police arrive. yet, they might't certainly take them to detention center, advantageous them or do something. while you're on a public highway, only the police might provide you a value tag.

2016-10-02 10:32:51 · answer #6 · answered by marafioti 4 · 0 0

It's my understanding that that particular law applies to tail-gaiters...

If there were no cars in front of you, and he was the only car behind you, then, HE was the one doing the tail-gaiting...

Of course, since he's a cop, I wouldn't expect you to have much success with that line of reasoning. But, it might be worth a try...

Vandevere

2006-08-22 16:11:46 · answer #7 · answered by Ven D 3 · 0 0

just appearing in court they usually drop the fine and the points (if your state uses points). just be honest, explain that you don't think you were following too closely. don't say anything about the officer, they are trained to know their stuff. you may not win, but you might get a lesser fine. good luck.

(with real good luck, the cop may never show up, and you win!)

2006-08-22 16:10:26 · answer #8 · answered by bakbiter 3 · 0 0

Its called tailgating-whether its puuposely or not-it is what it is-had you been tailgating me, I'd have put on my breaks, then you'd get a ticket and your insurance would drop you as they'd be responsible for covering the cost of me having whiplash after you rear ended me.

2006-08-22 16:11:40 · answer #9 · answered by dooby 1 · 1 0

If there was not another car for miles who were you following then?

2006-08-22 16:12:27 · answer #10 · answered by 51ain'tbad 3 · 1 0

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