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Need advice on contesting a following too close citation.

Need advice on contesting...

Need advice on contesting a following too close citation. Someone cut in front of me. They changed lanes without signaling. I was going about 40mph and they were going 10 to 20. I stood no chance, and only had sec to react and slam on my breaks. Damage to my number

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

*bumper. UT

Lawyer's Assistant: Do you need to appear in court?

I'm contesting, so yes I'm appearing in traffic court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. That's good

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Answered in 2 minutes by:
9/19/2017
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,698
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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The law says that the operator of the vehicle is supposed to have enough space to safely stop in case the vehicle in front of them stops. In order to defeat this you would need to present actual evidence more than just your statement that the vehicle cut in front of you and slowed down, you would need some independent witness to testify in court to that. A court cannot just take your word as the driver or the word of your passenger that he cut in front of you, so you have to present some evidence to the court that the driver cut in front of you (this is why so many people have dash cams now).

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Customer reply replied 5 months ago
Independent witness that saw the scene?And if I have no evidence. No witnesses, so dash cam, no cameras that saw the accident. I'm most likely paying the citation right?

Thank you for your reply.

So unfortunately, without any witness who saw actually how the accident occurred, the general legal premise is the vehicle in the rear is supposed to avoid striking the vehicle in the front and if they do not avoid doing so, it is following too closely.

So without some witness or other evidence this guy cut in on you, you are likely paying some fine, but you need to plead not guilty and go to court and if the other driver does not show up, you can seek a dismissal.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,698
Experience: Attorney with over 24 years of law and traffic law
Verified
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 121,698
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Experience: Attorney with over 24 years of law and traffic law

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