Tips on fighting "Following Too Closely" citation in court?

Roger C

New member
I got court in 5 days, I rear ended a driver and the driver called the cops, I got a following too closely citation which I chose to attend court to explain the details in hopes to get if off my record.

Details of Accident:
Accident occurred on the highway at 35 MPH before i hit the brakes. I was at least 4 car lengths behind the driver in front of me. The driver in front of me slammed on the car breaks and swerved off the road onto the left shoulder. as to not hit the car in front of her, and left her right rear exposed. My front left headlight area hit her rear right area. Her behavior was very sudden and confusing, my instincts said she was going completely off onto the shoulder, well i was wrong. When i slammed on my breaks I slid all the way into her car, wheels were locked up and I feel I did my best in the situation. Apparently there was a light shower prior to my presence and I had not known this nor was there obvious evidence that there was a thin layer of water on the asphalt.

She called the cops for some reason, I have no idea why. The damage done to her vehicle was nonexistent to my perception, perhaps a scratch or two that i was unable to locate. My headlight, fender and hood got a bit crumpled up because my vehicle was lower than hers so her bumper slid over mine. Had our vehicles been level i doubt any damage would have occurred. I was able to fully replace all parts at the out of pocket cost of 125$. Calling the cops was not necessary as the cops only have to be called if the total damage done exceeded 700$ in the state of Washington.

Are there any tips on fighting my case in court, paying the 175$ following too closely citation doesn't bother me, I just don't want this incident on my record to save me in the long run for insurance costs.
 
My advice is to not go to court and just pay the ticket. In a case such as this, all the state has to show is a preponderance of evidence and it's going to be the citing officer's word against yours (guess who the judge is going to side with). Not only will you end up having to pay the ticket, but you'll also have to pay court costs which aren't cheap. Cut your losses. If it's the only thing on your record you'll be fine.
 
The charge is following too closely? Okay, your defense is accepted. Now you're charged with failure to maintain control of your vehicle. Feel better?

Actually, I'm all in favor of fighting traffic tickets wherever possible, and some seem impossible but I've still done it. Your case, though, I don't see a snowball's chance. The fact that the police were not required to be called does not mitigate the fact that they still investigated the incident.

The best I might offer is for you to acknowledge your error, grovel and kiss up about how it was a learning experience that you'll take to heart, and request a lesser offense, one that will still incur the same fine, but not accumulate points on your record. Perhaps something like Impeding Traffic. At least that way your insurance won't go up. But it will still be on record if there are future citations.
 
The facts as you relate them establish that you failed to stop in the assured clear distance, and thus were following too closely. If you want to fight this, you will need something called a "defense," and it does not appear that you have one. The fact that the accident victim did not have to call the cops is (obviously) not a defense.

Some judges will show you some leniency, especially if you have good breasts, but many will be pisssed off that you are wasting their time when you do not have a defense.

Good luck.
 
Back
Top