Following Too Closely Ticket Lawyer Philadelphia
We are all aware of the headache that occurs when we see a driver in our rearview mirror following too closely behind our car. And we are aggravated with good reason. With driving too closely you are left at the mercy of a person rather than numbers. We all innately know and feel that numbers are constant and reliable, whereas people are not. Driving too closely, also known as tailgating, behind another driver can greatly increase the likelihood of a collision. Maintaining a safe distance behind the vehicle in front of you is important, particularly if the vehicle in front comes to a sudden stop or quickly slow downs due to a change in traffic speed.
Were you cited for Following Too Closely? This means that you were deemed by the ticketing officer to have been driving at a distance too close to the vehicle in front of you. But what does that mean? How close exactly is too close? How are you supposed to be able to tell? What if it was only for a moment, or done to avoid a potentially more serious problem?
This ticket frustrates motorists, because it is based on a largely subjective interpretation. When you get a Speeding Ticket for going 15+ mph over the posted speed limit, at the very least you are not taken by surprise. You are by no means happy about it, but you are able to acknowledge the ticket as based upon verifiable facts.
If you have been Ticketed for Following Too Closely, you should retain counsel to protect your rights. The Law Offices of Greg Prosmushkin, P.C. understand your predicament, and will argue on your behalf as to the injustices of this ticket.
Fighting the Law
In Pennsylvania, following too closely is defined as following another vehicle “more closely than is reasonably prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” You will notice that this provides no quantifiable description, and as a result leaves this determination to the subjective analysis of a ticketing police officer. As a result, the entirety of the ticket hinges upon officer testimony – which your attorney should be prepared to aggressively question.
Additionally, your attorney should be prepared to defend you upon the grounds that you should not have been ticketed if the specific situation falls under an exception under the law. You should not be ticketed if you are following closely because:
- Road construction has slowed traffic
- Rush hour has slowed traffic
- An accident has slowed traffic
- Weather conditions have slowed traffic
All of these exceptions are accepted conditions under which traffic naturally slows and drivers are compelled to drive within narrow proximity of one another – or otherwise follow the vehicle ahead of them in what would normally be deemed too close than is reasonably prudent.
If you are found guilty of following too closely, three points will be added to your driving record. You and your attorney should be in complete agreement that this is a penalty you can ill afford based entirely upon the potentially flawed analysis of a legally ambiguously guided police officer.
Why Do I Need a Lawyer?
This is a ticket which can and should be contested. The best means of fighting a ticket is with the expertise of a Traffic Attorney. By questioning the police officer’s analysis with respect to the law, your attorney can dispute the facts and officer interpretation in order to arrive at a favorable result.
Call The Law Offices of Greg Prosmushkin, P.C. today to Schedule a Free Consultation with one of our Traffic Lawyers.
This content was written on behalf of an experienced Philadelphia Car Accident Lawyer Greg Prosmushkin.