Need Legal/Traffic Ticket Advice...

[Greg Rappleye]

In Michigan, "Failure to Stop in the Assured Clear Distance Ahead" may have been a better charge on the facts you set forth. It wouldn't make any difference in license points, though (2 points for either charge, as I recall).

What you have described is not, in Michigan, "Reckless Driving" (6 points). While it technically may be "Careless Driving" (4 points in MI) even that charge is something of a "push" on these (albeit, limited) facts.

The law in Virginia may (and probably does) vary.

The police officer also may have done you a favor. In Michigan, the fine for "Following Too Closely" is quite often less ($95 est.) than the fine for "Failure to Stop in the ACDA" ($135 est.).



Greg Rappleye

P,S. These are a few "impressions" based upon Michigan law and practice. As noted, Virginia law and practice may (and probably does) vary. My "impressions" are not legal advice. I do not have access to the accident report, witness statements, or other relevant facts. I also do not practice law in Virginia. You should discuss this matter with a Virginia attorney.

[sdelsolray]

You may wish to find out from your insurance company's underwriting department whether a citation for following too closely or a citation for careless driving will have any effect on your insurance premiums and if so whether one of the two citations would have more of an impact, less or no difference.

You're likely going to have a citation on your record regardless. Perhaps the one you received will be "better" than the one that actually fits the facts. Put another way, be careful what you wish for.

[fazool]

The cop may have been doing you a favor - how harsh is a "following too closely" ticket? You did something wrong because you hit another car, so the question is "what did you do wrong legally?"

Was it failure to stop?
failure to follow at safe distance?
Wreckless driving?
Distracted Driving?

Etc.

I assume the cop was a good guy and gave you the bare minimum ticket which was applicable.


I've been in that situation. At the time I didn't understand it but the cop did me a favor and after flipping my hot rod while drag racing, he gave me an "imprudent speed" ticket. He was kinder to me than I would have been.

Don't question the cop's action, pay the fine, fix the car, apologize to the other driver and move on......well, unless you're at a traffic light with a car in front of you

[posternutbag]

Have any of you actually read the code for the State of Virginia? What applies in one state may not apply in others.

I am not a lawyer. This is expressly NOT legal advice. Consult an attorney.

I am unclear as to whether you were cited for Reckless Driving, Aggressive Driving, or Improper Driving. It makes a ton of difference. In Virginia, I think Reckless Driving and Aggressive Driving are Class 1 and Class 2 misdemeanors, respectively. Improper Driving is a traffic violation. A misdemeanor is a big deal. I believe the statute you cited was in the Reckless Driving category under the Aggressive Driving sub-statute.

I wouldn't just pay a Class 1 or Class 2 misdemeanor when there is a chance that you could knock it down to a traffic violation.

When I said, "Consult an attorney", I wasn't joking. Ask a Traffic attorney if you have been cited for a misdemeanor or just a traffic violation.

[RP]

Originally Posted by posternutbag

I am unclear as to whether you were cited for Reckless Driving, Aggressive Driving, or Improper Driving. It makes a ton of difference. In Virginia, I think Reckless Driving and Aggressive Driving are Class 1 and Class 2 misdemeanors, respectively. Improper Driving is a traffic violation. A misdemeanor is a big deal. I believe the statute you cited was in the Reckless Driving category under the Aggressive Driving sub-statute.

I wouldn't just pay a Class 1 or Class 2 misdemeanor when there is a chance that you could knock it down to a traffic violation.

When I said, "Consult an attorney", I wasn't joking. Ask a Traffic attorney if you have been cited for a misdemeanor or just a traffic violation.

Here is the specific statute which implies to me a situation in which vehicles involved are moving, not stopped at a light....

§ 46.2-816. Following too closely.
The driver of a motor vehicle shall not follow another vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.

[TaoMaas]

It's always a gamble, but sometimes it pays to go before the judge and explain your case. I sat through traffic court for about 4 hours once and I was amazed at some of the things the judge was letting slide. That was a number of years ago, but more recently my mom went to court over a ticket that was mostly just a misunderstanding and ended up saving herself $200. In your case, where there was no harm to the other vehicle, you've almost punished yourself in the damage done to your car. You could get off with just court costs. Or not. lol I'd listen to those folks who are telling you to get legal advice.

[posternutbag]

Originally Posted by RP

Here is the specific statute which implies to me a situation in which vehicles involved are moving, not stopped at a light....

§ 46.2-816. Following too closely.
The driver of a motor vehicle shall not follow another vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.

Yeah, I read that. I am having difficulty figuring out what actual violation you got. It appears 46.2 is the general "Reckless Driving" section, and that 46.2.816 is a specific subsection of violations that are classed as "Aggressive Driving." If this is the case then you were cited for a Class 2 misdemeanor rather than a Class 1 "Reckless Driving" violation. You should ask an attorney if this is the case, and if so, is there a chance that showing up in court could get in knocked down to "Improper Driving" which I think is only a traffic violation.

[mr. beaumont]

You stopped 8 to 10 FEET behind another car at a stoplight? Gotta admit, that sounds odd.

I assume police did not witness the accident?


In theory, if what you said happened actually happened, you got a ticket for the wrong thing and that should be thrown out.

The problem is, you have no way to prove it, and by attempting to prove it, you'll be admitting to something that might carry a higher penalty.

I'd definitely consult a real lawyer if you're planning on contesting. Could be creating a bigger headache for yourself.

[Bucc5207]

Originally Posted by fazool

Wreckless driving?

Definitely not!

[Parlorman]

If you really want to fight it, get a good trial lawyer. He may be able to get the charge dismissed without getting another in its place. It will cost you, but a chargeable accident may cost you a lot in increased insurance premiums.

[gjd100]

My state has a policy (For speeding infractions, not sure what this falls under), that if you pay the ticket, no points will be assessed against your license. If you plead guilty and loose, say hello to points.

I got a ticket a few months back....Never even thought of contesting

[mr. beaumont]

Illinois gives three options often-- bigger fine, traffic school, stays off record. Smaller fine, goes on record, or contest it and...who knows

[Nailpicker]

Laws vary by state. I'm not a lawyer or a cop. No point in me saying more. No point in you listening to anyone other than a lawyer versed in your state's traffic laws. IMHO

[mdunn]

Always go to court. Strange things can happen. In the early 90's I rode my motorcycle to Saturday practice for the Indy Cars at the Milwaukee Mile. I had my camera case strapped to the back of my Yamaha FZ 750. On the return trip I got caught up in a miserable rain storm as I crossed from Wisconsin into Illino in I-94. All I wanted to do was get home. This was in the era of the 55 mph speeds. I got pulled over for 70 in a 55mph zone. Truthfully I wasn't watching my speed. I was watching the road through a seriously fogged up visor. I stood out in the rain for 15 minutes getting soaked while the trooper wrote out the ticked.

I went to court to see what might occur. As luck would have it the Illinois State trooper that wrote the ticket had been injured on the job and was not in court. Every ticket that he wrote (with the exception of Drunk Driving and other more serious accidents etc.) was dismissed by the judge with no challenge by the prosecutor. I was the third from the end of all the people in the court and I already knew my fate!

My name was called and as I walked forward to the bench I told the judge that it should be on record that we were not related. I as appearing in front of Judge Dunn. We chatted about that for a minute or so and the ticket was dismissed.

If you have an accident report I would contact the truck driver and ask if he could appear in court or provide a notarized statement to support your situation. Put your information together and present it. The fact that the truck was not damage speaks to the low impact. The fact that your vehicle sustained the damage and repairing it will cost you money. A fine will not make it any easier for your situation.

Just my $.02 on the subject.

P.S Mr. Beaumont is correct about the options in Illinois. Your state may vary.

[RP]

I'd really like to thank all of you for weighing in on this matter. Your input has has helped me to look at this from different angles, and that was what I was hoping to get out of this thread...