If you were issued a traffic citation for following too closely, the police officer felt, in short, that you followed a vehicle in front of you “more closely than is reasonable and prudent, with regard to the speed of the preceding vehicle, the traffic and the condition of the highway.” According to law, drivers must leave sufficient space between their vehicle or a combination of vehicles so that other vehicles can enter the roadway without danger.
Common thought is that a citation for following too closely is not a major offense, but the law and many insurance companies have proven otherwise, particularly in instances where the driver is deemed an “offensive/aggressive driver.” An aggressive driver (one who operates his/her motor vehicle with the intent to “annoy, harass, molest, intimidate, injure, or obstruct another person”) who is convicted of driving too closely can be assessed double the points on his/her driver’s record and a significantly higher fine.
The Law Firm of Jaray & Webster can help fight to have your citation dismissed, through several avenues, including procedural errors by the prosecuting officer. Those include:
- The officer did not file the ticket within 5 business days.
- You do not receive discovery after filing in a timely manner.
- The affidavit is otherwise defective.
If a dismissal is not granted through this stage, you can ask for a deferral before you begin your hearing. If you own a good driving record with few to no traffic violation tickets, the court may dismiss the charge without a hearing. If the officer didn’t see the accident occur and based the report on what the other driver recounted, the case could be dismissed based on “hearsay,” since that is inadmissible in court.
The experienced defense attorneys at Law Firm of Jaray & Webster will draw upon our expertise to examine the circumstances surrounding your case, will present sound legal advice to have your case dismissed, and will present the strongest possible case to prove you are not guilty of following too closely or to receive the lightest sentence possible under the law if convicted.
Contact us today at (719) 633-6620.