I know it is pretty much standard to get a 'following too closely' ticket if you rear end someone, but I am just wondering if anyone knows how likely they are to be thrown out in court given that it is just your word against nobody's. Here is the situation: First off the road was wet and the accident occured on a downhill slope and the condition of the road was poor. I was traveling in the right hand lane when a line of cars in front of me put their brake lights on. I apply my breaks and check my side veiw mirror to move into the left hand lane. I see nothing in my mirror so I quickly glance and notice a car in my blind spot. When I look back ahead the car in front of me abruptly changes lanes and the car in front of him is at a complete stop.
The person I hit says that the car in front of her just stopped because of a large hole in the road and she had to hit her brakes abruptly as well. I have a court date for 'following too closely'. Is telling this story sufficient to be acquite
2007-11-27 15:02:40 · 8 answers · asked by Chris 2 in Cars & Transportation ➔ Safety
You should definitely tell the story in court and see what happens. You might get the points removed and just have to pay a fine. Did the woman in front of you hit the car in front of her?
The thing about the "following too closely" is the courts and cops figure that if you weren't, you wouldn't have hit the person to begin with -- regardless of the reasons why (road conditions, etc.).
But I know that judges do listen to the person pleading their case and the judge may waive the points and citation. They usually always make you pay court fees though.
You should contest it anyway just in the hopes of getting out of the points, BUT, you may get the points, the court fees, and a mandatory safety class. You just never can tell with judges.
And I'm sure that you told all of this to your insurance agency as well so that the claim against you can be processed appropriately. Getting the judge to waive the points and citation will really help with that as well.
I hope it works out for you.
2007-11-27 15:15:13 · answer #1 · answered by Goddess 5 · 0⤊ 0⤋
You do deserve the ticket. You were following too closely, given the conditions.
However, you should talk to the PROSECUTOR (not the judge). He or she is the one that will make the recommendation to the court (the judge) on whether to throw the case out. Go to court an hour early and get in line (there will be one) to see the prosecutor. If you can't get a deal, consider a lawyer. Even if you spend $500 on a lawyer, it will probably cost you less than the insurance rate jump you'll see when the points are assessed. Good luck.
2007-11-27 15:34:41 · answer #2 · answered by Scooter 3 · 0⤊ 0⤋
In fact, every thing in your story indicates that the citation was deserved. The weather was bad. You SAW the brake lights ahead. You glanced away from the traffic in front of you to check your blind spot, but didn't see a car in front pull into the lane.
That tells me that you were following too close for the conditions and speed of traffic.
2007-11-30 07:47:09 · answer #3 · answered by Vince M 7 · 0⤊ 0⤋
probably not, but good try. Just tell the truth. You are not going to get off, because even if it did happen the way you said, you still hit the person from behind. It is your responsibility as a driver to not follow too closely. You should be one car lengths away for every l0 miles per hour. Sorry, but that is the law.
2007-11-27 15:13:20 · answer #4 · answered by Diane B 6 · 0⤊ 1⤋
about 26 years ago i had the identical same accident that you just did they gave me a ticket for the same thing, i wound up paying the ticket,there was no way out of it along with the 2 points on my license,i argued this case heavily and still lost it,you,ll probably get charged with it and have to pay the ticket,but i explained it to my insurance agent and my insurance didn't go up any,i got lucky on that one though,id plead my case as best as possible,that's all you can do when they asked me if i was guilty i said yes but with an explanation,then i got to tell my side of the story,you can try to appeal it,you may do better than i did,i hope so all it wound up costing me was 55 bucks and 2 points,good luck with it
2007-11-27 15:33:50 · answer #5 · answered by dodge man 7 · 0⤊ 0⤋
tell them the story but dont bore him because then he will get pissed so tell him in a short and quick way
2007-11-27 15:12:13 · answer #6 · answered by Brown Boy 3 · 0⤊ 0⤋
tell it to the judge just like you told it here, good chance the judge will dismiss
2007-11-27 15:10:19 · answer #7 · answered by Gordon S 5 · 0⤊ 1⤋
I WOULD TELL THE SAME STORY TO THE JUDGE BUT JUST SHORTEN IT UP AND STICK TO THE POINT.
I BELIEVE THAT THE JUDGE WILL BE OF ASSISTANCE TO YOU.
GOOD LUCK
2007-11-28 01:24:11 · answer #8 · answered by Anonymous · 0⤊ 2⤋