Monday, June 6, 2011

I just received a ticket for driving too closely?

I live in MD and I haven't had a ticket in 10 years. I was driving in the left lane on interstate 95, and the vehicle in front of me was varrying its speed from 5 miles/hr over the speed limit to 5 under. There was no accident and I didn't change lanes for several miles. I hate changing lanes, as I find it unsafe. The cops have been very active (in my opinion trying to make up the 2 billion state deficit)... So anyway, the cop runs up on me at like 90 and turns his lights on. I pull over and he ask the standard question... And this time, unlike the last time (10 years ago) I had no idea why he was pulling me over. I understand he hears it all but there was no discussion or explaination... just I'm going to ticket you';... But he did say he say me in the right lane doing the same things... After he got back with the ticket I mentioned that I haven't been in the right lane for 30 miles(remember I don't like changing lanes) He huffed and stated something to the effect that he had it all on tape and he didn't care...



My first question is what is too close... obviously if you rear end someone that is too close, but who is the judge and how do you judge from 300 feet behind and several vehicles...??



My second is will they use the tape in court... I hope so because it would be to my benefit. If not can I get a copy?



Lastly are there any defenses? I have heard that some of the yahoo judges find you guilty without even hearing a word....



Has anyone else had this ticket and what did you do?



ThanksI just received a ticket for driving too closely?
First question... the general rule is two seconds. You do not need to cause an accident to be cited.



Second question... You should be able to get both the officer's notes and a copy of the tape through the department under Open Records Law.



Third question... the answers on this site can be all over the place. Chances are, the judge found them guilty for a reason.I just received a ticket for driving too closely?
I hear you......I just got a ticket for the same thing..... I was going 37 in a 55 zone, can you imagine how slow the car in front of me was going??? IF I had gone any slower, I bet you anything Id get a ticket for going too slow....... I get that it's the Law but, come on........cops are just mad.

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First question, According to the State of Maryland driving too close is when a vehicle is 3 -4 seconds from impact of another vehicle. That really is at the officer's discretion. (Pg 20 of the Maryland Driver's Handbook)



Second question, it is unlikely the video tape itself will be used in court but the officer's report should be presented to the prosecutor and the judge. You can subpoena the records such as the report and the video tape.



Third question, it really depends on the judge's character and previous cases. Most of the cases I've seen where a judge would not consider someone's innocence is when the defendant has prior infractions.



My recommendation to you would be to hire a traffic attorney. This could affect your insuruance rates and requesting records can be time consuming. Contact attorneys in your area, some offer free consultations as to what they can do for your case and then tell you how much they would charge if you hire them. Attorneys may be able to find faults with the officer or in the procedure in which your case was handled and that would be enough reasonable doubt to dismiss a case or plead for a lesser charge that won't affect your points or your insurance.
Trust me, you have no case if you were thinking about fighting it. And if you fight it and lose you cannot go to traffic school. Just pay it, go to TS and it won't be on your record but if you fight it and lose, and you will, you'll have the court fees on top of your fine. You seem like a smart person, do the right thing (and don't waste your time).

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