Following Too Closely
In almost every instance, a following too closely ticket is issued when there has been an accident with a rear-impact collision, but that doesn’t mean they’re always warranted.
Georgia Law for Following Too Closely
O.C.G.A. §40-6-49 states that “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
If you receive a citation for following too closely, it may feel unfair, especially if you believe you were driving safely and had no intention of causing an accident. However, it’s essential to understand that the law is in place to protect all drivers on the road and prevent accidents from occurring.
This type of ticket is often issued after a rear-end collision. This makes sense when there are only two cars involved, and the driver at the back is at fault. However, when it comes to accidents involving three or more vehicles, this ticket can be overused.
In many three-car collisions, the first vehicle is forced to stop suddenly, and the second vehicle would have been able to stop in time if not for being pushed forward by the third car at the back. In such cases, the driver of the second car may feel frustrated as there was little they could have done to avoid the collision.
Police officers responding to such accidents often do not have the advanced training required for accident reconstruction. While there is an advanced course for traffic investigators, most patrol officers have not undergone this training. Therefore, little is done to determine who was at fault or how the accident occurred, especially if there are no serious injuries or suspicion of drugs/alcohol impairment.
The investigation process for run-of-the-mill, injury-free traffic accidents is often perfunctory and abbreviated. This is because such accidents are not prioritized in the same way as more serious accidents, which makes sense from an efficiency perspective.
However, if you receive an undeserved traffic ticket, it can be frustrating, especially if the officer’s lack of attention to detail is the reason. In such cases, it may be worth consulting a traffic attorney to explore your options.
Many drivers who choose to go to court without an attorney often plead nolo, or no contest. This is because they assume that the negative consequences of a traffic conviction are related to the accumulation of points. However, the conviction will appear on your driving history, which can affect your insurance rates and job prospects.
Increasingly, employers are relying on driving histories to evaluate job candidates, making it essential to maintain a clean driving record. Therefore, it is important to speak to a traffic attorney to explore possible defenses and strategies for presenting relevant information to the prosecutor. They can also advise you on general practices in your court and help you avoid potential pitfalls.
It’s also important to note that officers can sometimes misinterpret the situation and charge a driver with the wrong code section. Therefore, before panicking about your citation, it’s crucial to evaluate the charges and ensure that the officer charged you correctly.
If you feel that the citation was issued unfairly, you should consider reaching out to an attorney specializing in following too closely citations. An attorney can evaluate your case and help you understand the potential consequences and penalties. EHG Law Firm is here to help with a free consultation to discuss your situation and provide you with legal guidance.
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Criminal defense for Following Too Closely
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