busted for following too close

[scott]

I just got a ticket for following too close. The cop obviously couldn't get me for speeding so had to come up with some other sham ticket for a young punk driving a red nsx. He was going to pull me over one way or the other. He took my licence, registration and went to his car a took quite a while (he probably had to look up some obscure law to bust me with). He showed a great deal of resentment while he gave me the ticket and asked "any questions". I could tell it was not worth even moving my lips.

I was going with the flow of traffic and don't follow too closely mostly to avoid rock chips. I had a passenger who agrees as well about my spacing ~2sec.

I plan on fighting the $275 ticket which is a moving violation. From my review of the law I have to show I was following reasonable and prudent. Any sugestions on how to do this or any general advice.

I could hire a lawer but it seems this would cost more than the ticket. Also I do not know if this affect my insurance the same as a speeding ticket. I have not had any tickets for at least five years so I have a clean driving record.

I have included the Oregon Revised Statute which pertains to this below.

In addition I found another law link which showed the fine as $175. What the hell! What do the cops do? Boost the fine to $275 so when you go to court they drop it to $175 and evrybody is happy. Yeah right.

811.485 Following too closely; penalty. (1) A person commits the offense of
following too closely if the person does any of the following:
(a) Drives a vehicle so as to follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of the vehicles and
the traffic upon, and condition of, the highway.

 

[Number9]

If your state has a driving school option that prevents the offense from affecting your insurance, then do that. Keep your ego in check - it's not about right or wrong, just net cost minimization. Higher insurance rates will cause a multiyear drag on your personal economy, so it's wise to avoid that.

I briefly worked in law enforcement (two summers as a neophyte prosecutor in two high crime county DAs offices) and was wholly unimpressed with the overall integrity of those county's police/sheriff departments. (Small towns tend to be better in that regard - I was impressed with the law enforcement folks that I met in that context.)

--twc

 

[nsxtasy]

I agree with Ted.

Unfortunately, you are taking your chances if you go into the courtroom blind. You can ask if there is an option like traffic school that keeps the offense off your record, but this is somewhat risky, as they may or may not make it available to you. This is why attorneys who are familiar with traffic court are worth the money they cost (regardless of whether it's more than the ticket itself); they will know what each judge and each prosecutor will be willing to do for you, and how to arrange it so that the case doesn't even get heard in court.

If you just go to court to have your case heard, even with a witness, it's risky; the judge might acquit, or might take the word of a so-called professional (the cop) over yours.

Lots of books and websites have been written about traffic court defense; you may want to do some research. Don't let your emotions prevent you from making a well-considered decision on how you want to approach this.

 

[Lud]

In a case which boils down to your word/judgement vs. the officers, which is all you have at this point, the court will tend to side with the officer.

I recommend an attorney. Yes it may cost as much as the fine for the ticket, but hopefully it will keep you from being convicted of the offense.

It doesn't matter if you are speeding, running a red light, or following too closely. The points for various offenses may vary, but the net result is that a point is a point on your record regardless of the offense.

 

[nicholas421]

i was pulled over for not coming to a complete stop at a stop sign back in college. i was very upset when he gave me two tickets, 1 for not coming to a complete stop and another for wreckless driving. he might as well have thrown in speeding and wreckless endangerment. i prepared an intelligent case and stated it to the judge to get out of the second ticket. his response was "are you done matlock?".
my friends got a good laugh from the story. it was rather humiliating. the fact is, the judge doesnt give a rats ass. since then, i've learned to just pay my fines and bite my tongue.

 

[johndoh]

$275!!!!???? For following someone too close? That seems like an obscene amount. I'm thinking that the officer wrote you up for something just more than "following too close".

I believe a ticket for following too close is still considered a "moving violation", so it will count as the lowest speeding ticket you can get. I once got a ticket for driving in the Carpool lane and was going to just pay the stupid $65 ticket, but then found out that it was a moving violation and that it was going to affect my insurance, so I fought it and got the ticket dropped.

You might want to check with your insurance company to see if your ticket will count negatively against your record(call them up, but don't give them your policy number or name).

I would get a lawyer to fight this case. You should be able to find a good one for around $200-$300. If you don't and you lose, you'll be down the ticket fee as well as your insurance premimum. IMO, I'd rather give my money to a lawyer before I give it to the state.

 

[ilya]

I was under the impression you could have one point without penalty. Is that incorrect?
Minor moving violations are 1 point.

 

[nsxtasy]

Point systems vary from one state to another, so you'll need to find out what it is for your particular state.

Some states (not all, but some) have pretty good information about their systems on their Internet sites.

 

[ak]

That sucks man. If this violation will affect your license points and thus increase your insurance, I suggest hiring a lawyer and get it changed to lesser charges. I had received a ticket for "Not stopping at a red light" and "Speeding over 15mph of the speed limit"(I was young..I don't do that stuff no more) changed to two lesser charges similar to parking violation, thanks to my college lawyer(Didn't even have to pay for them!). I just paid certain amount of penalty for those lesser charges. Don't ask me how they did it..they just got connections like that. Of course, i'm sure it'll depend on how good the lawyer is...

 

[NSX next car]

big brother beats you again

unless you happen to know the judge handling your case has been fishing with you or some other member of your family for life, then just find a different way out of it

also unless the police officer is a total idiot or fails to show up, chances are pretty high the courts will take his word against yours

sorry about the negativity, but its a matter of personal experience. I have learned the hard way that its best to pay their blackmail fees, go to driving school and chalk it up to experience

 

[nsxtasy]

Incidentally, as noted in the FAQ section on "Insurance", a moving violation will not necessarily raise your insurance rates when renewing your policy. However, it is likely to affect you if you change insurance companies.

My attitude is, I fight 'em all, and I think everyone should.

 

[scott]

There is no doubt I will fight this one. From the advice I have recieved on the board I think I will look into getting an attorney. I would rather pay them than the revenue generating 5O.

How do you find a good traffic attorney? Yellow pages, internet or anyone recomend a good source?

 

[scott]

Also we have no driving school option in Oregon as they have in California and some other states.

I'm looking into the points.

 

[Number9]

Sorry to hear you guys don't have the drivers' school option. As for attorneys, get a good word-of-mouth recommendation from someone whose word you trust. Attorney competence is not a given. Make sure you hire a local attorney in the county where you got the ticket (this is good advice for any criminal matter). DAs have prosecutorial discretion to dismiss in the interest of justice - a local attorney will know best what standard deals are available. If you can't get a good deal, make sure you explore the option of pleading on a similar-expense infraction that doesn't result in a moving violation. The DA typically won't care. Infractions are inherently difficult though, because they are pretty much strict liability (out here), so if the cop shows up and lies, you'll probably lose.

--twc

[This message has been edited by Number9 (edited 18 July 2001).]

 

[nsxbadboy]

You could always hire Johnny Cochran.

Joe

 

[nsxtasy]

Make sure you hire a local attorney in the county where you got the ticket

... and who's familiar with the traffic courts there.

 

[ilya]

You could always hire Johnny Cochran.
Joe

Funny. That's my GF's godfather.

Maybe if you were in LA. I think his office is based here.

[This message has been edited by ilya (edited 22 July 2001).]

 

[scott]

I would like to point out I was not wearing driving gloves of any kind during the encounter.

I have found a lawyer though!

Originally posted by ilya:
You could always hire Johnny Cochran.
Joe

Funny. That's my GF's godfather.

Maybe if you were in LA. I think his office is based here.

[This message has been edited by ilya (edited 22 July 2001).]