Question for Officer: Ticket for Following too closely?

[Pugdog007]

Originally posted by FOJMO
Actually, this is one of my driving pet peeves -- people who DON'T stop at a yield sign, IF they need to.

FYI - there were no cars coming... hence no need to come to a complete stop.

 

[preshi]

Pugdog I wasnt implying you are out to ram someone...

I was recently, within 2 weeks of each other, rear ended twice. Both times I stopped to let a pedestrian cross which happens to be the law in this city. Both times there was minor if no damage but if I had decided to call the police you can bet both people would have gotten tickets...

I admit I am slightly biased towards police my Dad, step mom, step sister, brother, aunt and uncle are all either police officers or work for the police dept.

 

[smiley]

you are also supposed to keep your eyes on the road and the cars IN FRONT OF you when you are coming to a slow or a stop...not worry about what people over your left shoulder are doing until you are sure that you arent going to smack the person in front of you.

I agree whole heartedly! Before you look over your left shoulder you should pay attention to what is happening IN FRONT of you.

Nothing personal pugdog, but you should accept the fact that you were wrong and learn from the situation.

 

[Pugdog007]

Originally posted by smiley
I agree whole heartedly! Before you look over your left shoulder you should pay attention to what is happening IN FRONT of you.

Nothing personal pugdog, but you should accept the fact that you were wrong and learn from the situation.

If you'd read the OP, you would see that I absolutely accepted fault. The only question I had was in regards to the ticket. I've never had an accident or a ticket before, and I was trying to determine if it is typical to receive a ticket in this circumstance.

At the time, I was calculating in my head how much my insurance may go up... only to be slapped with a ticket also that I'm sure will be $100+. It seems kind of harsh for a bent fender.

 

[Miss Jasmine]

If you don't want your insurance to go up you can always pay out of pocket and not make a claim. Of course now that you have a ticket, that may make your insurance go up as well.

 

[caitycaity]

around here they will give you a ticket for following too closely even if you don't hit someone!

not that that stops people...

 

[DVC-Don]

Yep, used to write those FTC's for every rear ender accident. With our company, if you have been clean with us for 10 or more years, the first ticket/accident is a freebe as far as surcharges.

 

[MAC3]

There's a rotary here in Methuen I have to go thru everyday on my way home.

This same thing has happened so often that I have learned not to turn to look over my shoulder until the car in front of me is gone.

But I have gotten a ticket for following too closely. On my way home from a Drive-IN in NH. No fender bender but the Officer saw me.

I was Busted!

 

[FredS]

Writing you up without getting any info whatsoever is just laziness and/or a law of understand of the law. Every single instance of a car hitting another in the rear is not a violation of the law. While the majority probably technically would do so, there can be extenuating circumstances which would make this offense one which would not deserve a citation (e.g., oil, ice, some sort of evasive maneuver even).

An police officer who writes them automatically on every single case is just sloppy in his duties.

And requiring you to appear in this case is definitely over the top. No wonder everyone hates to drive in Atlanta (and it sounds like some other cities in the north are just as moronic in their driving law enforcement. )

 

[Bob O]

Icy roads arent an excuse to hit another car, though some in their ignorance may believe so. If the roads are snowy/icy/wet you leave a bigger distance between your car and the one in front of you to compensate for this. so you can stop if the car in ront of you brakes suddenly.

 

[FredS]

Originally posted by Bob O
Icy roads arent an excuse to hit another car, though some in their ignorance may believe so. If the roads are snowy/icy/wet you leave a bigger distance between your car and the one in front of you to compensate for this. so you can stop if the car in ront of you brakes suddenly.

Who is talking about excuses for hitting someone? I am simply stating the fact that every time one car hits another in the rear end it does not rise to the level of the legal definition of "following too closely" and merits a ticket. No code book in America says that. The officer is supposed to exercise discretion to get some facts and determine if it is appropropriate. Hello, try to understand circumstances, such as an unseen ice patch which can send a car careening into even another lane, at a speed greatly in excess of the one that they were driving prior to hitting the slippery area, and they hit another car. The driver can be held to be at fault for the accident without being guilty of following too closely, which is essentially tailgating. We aren't talking about fault, we are talking about the legal elements of this criminal offense.

 

[Steve H.]

Originally posted by FredS
Writing you up without getting any info whatsoever is just laziness and/or a law of understand of the law. Every single instance of a car hitting another in the rear is not a violation of the law. While the majority probably technically would do so, there can be extenuating circumstances which would make this offense one which would not deserve a citation (e.g., oil, ice, some sort of evasive maneuver even).

An police officer who writes them automatically on every single case is just sloppy in his duties.

And requiring you to appear in this case is definitely over the top. No wonder everyone hates to drive in Atlanta (and it sounds like some other cities in the north are just as moronic in their driving law enforcement. )

I've been in three accidents (my fault) where I rear-ended a car in front of me. Two caused damage to the other car, one didn't. I got ticketed for "failure to maintain clear and assured distance" on those two, and nothing on the third. The rule of thumb I was given by the officer was that if there is damage done to another vehicle in the accident, it's a citation, otherwise, it's not. Seemed fair to me (it sucked to be me, but then again, I was the one at fault).

Any traffic violation aside from speeding is normally NOT waiverable (e.g. mail in your payment), so I had to show up and do traffic court for those two violations. This is common with pretty much every state, I believe. It's not moronic or lazy -- it's the law.

 

[FredS]

Originally posted by Steve H.
It's not moronic or lazy -- it's the law.

Um, that's one of my points, that it IS NOT the law to automatically write a FTC citation for every single instance of a rear-end collision, which is where I used the term of lazy to describe law enforcement who would do so.

And IMHO it is moronic to always drag someone into court to respond to any such "automatic" ticket. Let me see, so the judge can tell you to be more careful? Duh. Overkill, waste of judicial resources, etc. in my book. Sounds like the municipality just wants to force as many as possible to go to court, so they can then add in court costs.

 

[Pin Wizard]

Originally posted by Miss Jasmine
Of course every time I leave enough space between me and the car in front of me, someone thinks that is room for them to move over.

I HATE that! They should get a ticket for cutting in!!

 

[soccerchick]

Okay, I was going to keep my mouth shut, but ...failure to maintain your vehicle in adverse weather conditions may not be "Following Too Close" but it is "Failure to maintain control of your vehicle", which will get you a citation in VA. It covers those weather related accidents, eating while driving, talking on the cell phone accidents, etc. etc. etc.

When I was in college I hit someone from behind thanks to slidding on ice. I was doing about 5 mph in a store parking lot but obviously couldn't stop once I hit the ice. Luckily there was no damage to either car and the other person wasn't interested in calling the police. I got lucky because I was totally at fault. My husband was rear-ended this past winter with all the snow and although the snow really wasn't a factor in the accident as the roads were scrapped and dry, (sounds almost identical to Pugdog07's situation) if YOU, the driver can't keep YOUR car from hitting someone or something else, then you are at fault.

As to the poster who asked about compassion, I'm not sure what type of compassion an officer should give?? I don't like getting tickets, but I had two speeding tickets in the (long ago) past. A ticket is a ticket and it stinks, but it was my fault. As long as the officer is professional, I don't expect him or her to necessarily be compassionate. I don't think officers need to be touchy feely - professional and polite -- yes.

Anyway Pugdog, I don't think you're alone in this situation. Some of us have been luckier than others it sounds like. Hopefully you can find a way to just take care of the citation without another trip into Atlanta. Good luck!

 

[Pin Wizard]

Originally posted by dianeschlicht
A delivery truck came over the hill had rear ended me going about 50 MPH.

The hills and curves are killers. DH was pulling out of his dad's driveway (which is on a curve and a hill) and got slammed on the drivers side by a car obviously going too fast. This was 2 weeks before our wedding! He said the guy jumped out of the car and said he didn't see him pulling out. It was also raining and a wet road which didn't help. When the ambulance showed up, the guy was on the ground complaining his neck hurt! The PO report ended up saying it was DH's fault because he was exiting a private driveway and entering a main road. Are they for real? Sometimes you really wonder.

 

[mum4jenn]

Once a gasoline truck had a spill on a busy intersection where we live. There was all kinds of bumping and rear ending going on until a sand truck could come. That was not a matter of ANYONE not paying attention NOR following to close because in a situation like that there is nothing you can do but hold ol for dear life. No one got a ticket in that situation except the one that spilled the gas.

 

[disykat]

There are many times when the driver is technically at fault even though the accident was pretty much unavoidable.

My dh was driving on a four lane road, the guy in the lane closest to the curb stopped to let someone out into the middle lane. Meanwhile dh is driving along and didn't see the guy pulling out into traffic past the other car. IMO the stupidest people were the guy who stopped and tried to wave someone through when he couldn't control the other lane, and the guy who risked it. However, dh was at fault because he is supposed to be able to stop in that situation. In our case the officer was sympathetic, but still issued the citation. We paid it and moved on.

 

[FredS]

Originally posted by disykat
There are many times when the driver is technically at fault even though the accident was pretty much unavoidable.

My dh was driving on a four lane road, the guy in the lane closest to the curb stopped to let someone out into the middle lane. Meanwhile dh is driving along and didn't see the guy pulling out into traffic past the other car. IMO the stupidest people were the guy who stopped and tried to wave someone through when he couldn't control the other lane, and the guy who risked it. However, dh was at fault because he is supposed to be able to stop in that situation. In our case the officer was sympathetic, but still issued the citation. We paid it and moved on.

This doesn't sound like your husband WAS at fault. One road is primary, another secondary (assuming this is not at a traffic light intersection) If your husband was on the primary road, a driver in another lane cannot give the right of way to a driver trying to enter from a secondary road. If you are on a highway, following the speed limit, you are not expected to be able to stop if someone illegally enters the roadway just in front of you.

But this is yet another example of when one car can hit another when it is not automatically following too closely.

 

[CarolA]

Fred,
It is my understanding that in the state of Tennesee if I rear end someone NO MATTER WHAT CIRCUMSTANCES I am at fault and get a ticket. The law is written that way. If the GA law is that way then .....
In defense of the Atlanta cop, I cannot imagine a worse job then trying to deal with Atlanta traffic. I am sure they just have to move quickly thru these minor accidents because in that nightmare a major accident will probably happen in the next 5 mintues.

My last accident someone rear ended me and I rear ended the person in front of me. The ONLY reason I did not get a ticket for hitting person two was that I was completly stopped when I was hit. The officer quizzed me extensively on that. Of course the ticket that woman got was the least of her troubles, she had no insurance and totaled two cars and did damage to two others.