Charlotte Criminal Lawyer Blog
Following Too Closely
Driving requires a good amount of training, practice, and common sense. North Carolina has laws in place to protect the safety of those on and near our roadways. When you drive on any road, regardless of the posted speed limit, you must remain a safe distance behind vehicles in front of you. If the police see you tailgating, they could pull you over and give you a ticket.
What is “Following Too Closely”?
Following too closely is commonly called tailgating. It simply means that you are driving too close to the vehicle in front of you. It can be dangerous to drive too closely to the vehicle in front of you. If the car in front of you stops, you won’t have enough time to brake, and it could result in a collision. Up to a third of all accidents are rear-end collisions, making this type of crash the most common, according to the National Highway Traffic Safety Administration (NHTSA). Some of these accidents are the result of tailgating.
How Far Away From Other Cars Must I Drive?
North Carolina law (G.S. 20-152) specifically addresses following too closely. It states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the roadway”. The law does not state the precise distance you should stay away from a vehicle in front. It does state that there must be sufficient space to allow for a vehicle that overtakes by passing.
How Close is Too Close to Follow?
North Carolina law does not specifically state how far away you must be from another vehicle. However, the National Safety Council suggests drivers keep at least three car lengths away from another vehicle. Generally, that equates to about a three-second distance from the vehicle in front. This means that the distance changes based on the speed that vehicles are traveling. Other factors may also come into play, such as weather and road conditions. For example, when there are icy roads, a vehicle needs a lot more time to stop than under normal circumstances.
Penalties for Following Too Closely
The penalties for following too closely include a fine of $35 and court costs, and you will accrue 4 points on your driver’s license. In addition, you will face two points against your insurance record, which could significantly increase your vehicle insurance premiums. In some cases, the citation was issued as part of an accident that occurred. If that happens, the charges could be elevated to criminal charges such as reckless driving, which is a misdemeanor depending on whether there were injuries involved. A misdemeanor carries penalties that could include fines, jail time, and more.
Should I Fight a Ticket for Following Too Closely?
It may be worthwhile to fight a ticket for following too closely in court. This is especially true if you have already had a prior ticket and points assessed recently. If you wish to contest the matter in court, do not pay the ticket by mail. A knowledgeable attorney can help you resolve the case in court. In some instances, you may be able to get the ticket reduced or may be able to get the ticket dismissed. The defense of the ticket will depend on the specific details in your particular case.
If you received a traffic citation, you may want to take the matter to court. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation to discuss the details of your case.
The criminal defense attorneys at Arnold & Smith, PLLC represent individuals facing a wide range of state and federal criminal charges. Our practice includes traffic violations, DWI/DUI offenses, drug crimes, firearm and weapons charges, and gun permit denials.
We also defend clients accused of property crimes, including larceny, breaking and entering, robbery, fraud, embezzlement, and other white-collar offenses. Our attorneys handle cases involving sex-related offenses, such as indecent exposure, sexual assault, crimes against nature, and petitions for removal from the sex offender registry. In addition, we represent individuals charged with violent crimes, including domestic violence offenses, assault, manslaughter, homicide, and murder.
Beyond criminal charges, we assist clients with related legal matters such as restraining orders, probation violations, expungements, criminal appeals, and immigration issues arising from criminal allegations. We believe that informed clients are empowered clients, and we are committed to helping individuals understand their constitutional rights while providing aggressive and effective legal representation at every stage of the process.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-152.html
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