Questions from drivers about VTL 1129(a), Tailgating Tickets, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL 1129(a), Tailgating Tickets.
How can I be blamed when the car ahead suddenly stopped completely on the highway? She was following the vehicle in front of her too closely and hit her brakes. I tried to stop, but I still struck her car. I was not speeding or tailgating, and it was drizzling.
Can I enter a not-guilty plea for a tailgating ticket? I was driving on a highway where the limit dropped from 55 to 45, then to 30 near an exit. Traffic had been moving quickly, but the cars ahead suddenly stopped at the 30 zone. I braked hard but still bumped the car in front of me, causing only minor damage.
The accident will likely affect your insurance rates, and a tailgating conviction could make that increase worse. You can contest the ticket, and a lawyer can appear in court for you. A lawyer is also best positioned to keep the violation off your driving record.
After a small accident in New York, I was cited for following too closely even though the officer did not actually see what happened. I found CPL 140.25 and thought an officer needed to personally observe the offense. Can that ticket still be valid, and if so, what VTL provision allows it?
Not personally observing the alleged violation can be used as a defense in this case.
I was driving to school, listening to music, singing along when a woman pulled out onto the road in front of me. We drove along for approximately 500 feet and then she started flipping me off and brake checking me. On one of the occasions of her brake checking me my foot slipped and instead of hitting the brakes, I accidentally gassed it, rear ending her. Someone witnessedthat witnessed the event and had dashcam footage came forward and I was ultimately cited with "following too closely." I have a strong feeling that the footage only shows what happened from directly behind me, where you may not be able to see her flipping me off and brake checking me. If I were to plead not guilty to this, what do you think a reasonable expected outcome might be?
If handled properly it can get reduced to no points or dismissed.
I got a ticket in Windsor, New York for VTL 1129(a), following too closely, after I hit the car ahead of me in heavy highway traffic. The vehicle in front stopped suddenly and I rear-ended it. Should I plead not guilty?
It is a 4 point ticket and will cause hikes in your insurance premiums. Best to fight it.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. Viewing this site does not create an attorney–client relationship. Readers should not act or refrain from acting based on this information without seeking professional counsel from an attorney licensed in the state where the citation was issued.
Benjamin Goldman Law Office
I’m sorry this happened. The reasoning is that you must leave enough room behind the vehicle ahead so you can stop safely, even if that vehicle brakes abruptly for no apparent reason. Nevertheless you can still fight the ticket.