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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 40517
Experience:  Run my own practice.
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i just got a following too closely ticket. I live in medford

Customer Question

i just got a "following too closely" ticket. I live in medford oregon and the ticket was in jacksonville oregon. I was not speeding at 45mph. Speed limit is 45mph. i was following a black toyota FJ cruiser. it was slightly raining and 46 deg. ticket was issued at 3:12pm. officer was on the opposite side of the road than i was on when he allegedly witnessed this violation. There was no accident. Officer comes to window and i ask him why are you pulling me over and he states, you were following to closely. do you know how far away you were? i say, at least 2 to 2.5 seconds behind the car. you were also going 47mph. i thought you were about 1 to 1.5 car lengths behind the vehicle. he asks for my liscense and proof of insurance. he comes back, he says since you admitted that you need to be 2-2.5 car lenghts behind a moving vehiclei am issuesing you a ticket. I corrected him by saying that i stated that i was 2 to 2.5 seconds behind the vehicle that i was following. I asked him if this is considered a moving violation. he says, i'm not sure but i think you could classify this as a moving violation. so i clarified with him by saying, so you are giving me a ticket because you think i was following too closely to the vehicle in front of me? he says yes, i tell him that i have been in defense driving schools due to my recent employment, he miss understood me and said " thats what you were doing, was aggressive driving" i told him thats not what i said, i said defensive driving. he said with rain and the wet roads i feel you were following too closely to the vehicle in front of you. then he issues a ticket. i tell him that i believe this is an unjust ticket and that it is not right that i am receiving this ticket. he says that if i want to contest this ticket i can read the options on the back. I drive away. do i have any chance of fighting this ticket?
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

You absolutely have a chance to contest this ticket. However, because you argued with the police officer, it may make it harder to do so.

The problem is that this ticket becomes his word against yours. If both of you appear in court, unless you can provide evidence that you were not driving in an unsafe manner, the judge will most likely side with police officer. Second, since weather played a factor, the police officer may claim that you needed to be even further back as your ability to break or stop in anticipation was cut short due to the slick surface.

However, the best means of fighting this ticket is to actually show up. A large portion of the time the police officer simply does not appear in court, and that means that you can then get the ticket dismissed. Your other option is to try to speak with the police officer before going into court and plea bargaining it away. Be aware that if he remembers you fighting with him, he may choose not to plea deal. Finally, you can come to court and actually describe what took place, point out flaws on the ticket, if any, and flat out deny the claims. If you are reasonable, do not fight, and provide facts to the judge, the judge may simply tell the officer that the ticket was bogus (as it sounds like a quota ticket more than anything), and throw it out.

Edited by Dimitry Alexander Kaplun on 11/10/2010 at 1:33 AM EST
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 40517
Experience: Run my own practice.
Dimitry K., Esq. and 5 other Traffic Law Specialists are ready to help you
Customer: replied 4 years ago.
I am a pharmaceutical sales rep. if i get 3 tickets in five years i lose my job. I can no longer drive a company car and therefore i can no longer work. i have 2 tickets already both are for speeding. what is my wisest course of action in preventing this from going on my driving record?
Expert:  Dimitry K., Esq. replied 4 years ago.
Oh I see.

As much as it may pain your wallet, consider retaining an attorney. It is possible that the attorney may be able to dismiss this ticket for you, or at least get to a non-moving violation, which will then be paid, dismissed, and not entered against you.

I wish I had better news for you.

Edited by Dimitry Alexander Kaplun on 11/10/2010 at 1:52 AM EST

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