Saturday, November 20, 2010

How do I beat a ticket for tailgating or ';following too close';?

I was in the left lane of a highway and person in front of me decides to slow down to a crawl, so I change lanes, then the sirens came. Not much else I could have done in the situation. Officer admitted that I wasn't speeding and said he would indicate in his notes that the car in front of me was slowing down, but who knows if he actually wrote it down. My court date is in November, how do I fight the fine and points?How do I beat a ticket for tailgating or ';following too close';?
#1. Officers write notes on the back of their copy - all kinds of room.

#2. Chaoticfreedom seems a bit confused. Says to ask for a jury trial %26amp; tell the jury what happened. In the next breath says the cite will be thrown out before it gets to trial. So which is it? Tell the jury what happened (you only get a jury in a jury trial) or get it thrown out before it gets to trial? AND a defendant gets the right to a jury trial ONLY when a possible penalty includes jail time. For a simple infraction like this, there is no jail time so you can ask all you want but you will not be given a jury trial.



It would seem your best bet is to go before the traffic judge %26amp; tell what you just told here. You could not have been following too closely since you were far enough back to avoid a collision when the driver in front of you slowed. You were far enough back to take safe evasive actions.

Further, it will be interesting to hear the officer explain just how far you actually were from the car in front of you since it sounds like he was behind you. Your car would have been blocking his view of the car in front of you.



Just go to your hearing %26amp; explain things. If the hearing officer believes you violated the statute then you will be found guilty. If he understands your point of view %26amp; agrees, then you will be found not guilty.



That is how you fight the fine and points. G'luck.How do I beat a ticket for tailgating or ';following too close';?
You can't
I see no way out of this.
Ask for a jury trial and explain to a jury. Chances are it will be thrown out before it goes to court. They do not like wasting court time on small traffic fines.
All you can do is go to court and tell the judge what happened - and don't lie or stretch things.



In most jurisdictions, an infraction will only get you a court trial - not a jury trial.... which means the judge alone decides your case after you and the officer present both sides.



If you feel strongly you were in the right, then take it to court.



Calif Deputy.
If the officer didn't note your conversation

( which there really isn't any where for him to put a note on his copy of the ticket ) ( so I doubt he did )

The judge will only look at the ticket you were charges with and you will be fines, I don't see away you are going to get around it, I would just pay it and save the court cost.
Some cops are just like that.

I got a really stupid ticket once, but since it was the only one I got in like 15 yrs., the judge deferred the ticket, meaning, I still had to pay it, but as long as I didnt receive anymore tickets for the next 6 months or so, it would not show up on my drivers abstraction. Thus, keeping my insurance rates lower.
Go get your eyes checked. (get an eye EXAM from an eye doctor) You might have been closer than you thought you were. They wouldn't have pulled you unless you were doing it for a while.We call that aggressive driving. Don't worry the officer did write it down, we all keep notes.
You don't. If i see you in my rear-view--i a slamming on my brakes hard buddy.

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