The Best Place to Start to Get Help with a Following Too Closely Charge in Your CMV Is a CA Traffic Attorney
The problem with many following too closely tickets is the point of view of the law enforcement of officer (LEO). Both in their minds and their actual “point of view”—how they saw it.
Many LEOs believe the professional driver should be perfect. Typically, they do not see the smaller four-wheel vehicle pull in too soon after passing the truck, often cutting the big rig off. They believe the driver of the 80,000-pound truck, who sits well above the rest, should be able to see everything around them and react accordingly.
The reason for the danger of following too closely in the first place is that the truck can’t stop quickly, particularly with a full load. The trailer often pushes the tractor forward, and stopping too fast will cause a jackknife.
Since the conviction or paid fine on a following too closely ticket is a “serious offense” at the DOT FMCSA and will result in a 60-day driver’s disqualification, the driver must get help from a CA traffic ticket defender to challenge the ticket in Roseville Traffic Court.
Some commercial driver’s license (CDL) holders will tell themselves it’s my first, so I can just pay the fine and keep trucking. That can be a flawed concept. What if the first charge was more easily dismissed, changed, or reduced than a second? A CDL holder should consult an attorney and dispute every traffic ticket their attorney advises them to challenge.
What the CA Vehicle Code Says about Following Too Closely
The CA Vehicle Code (CVC) Section 21703, Driving, Overtaking, and Passing says, “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 vehicle and the traffic upon, and the condition of, the roadway.”
Most believe the traffic code specifies a precise distance or that it says something about how many seconds behind another vehicle you should be. However, it leaves that to the driver to determine what is “reasonable and prudent” based on their vehicle, its speed, the traffic, and the road conditions.
You’re hauling a load to the SF Bay along I-80 heading toward Sacramento close to Roseville, CA. Along comes the CHP, who also thinks the traffic code prescribes a certain distance or time following another vehicle.
They spot your commercial vehicle “tailgating” another vehicle. Without regard to how you got to be that close to another vehicle, they give you a ticket that could negatively affect your driving career if you don’t get assistance to challenge it. Arguing with LEO on the side of I-80 will not change their mind, and it is not the time for it. Consult a CA traffic attorney and follow their advice if you want to save your career.
The key to getting a dismissal or not guilty verdict is for a traffic attorney to examine the evidence or lack of evidence and the LEO’s statement, then raise the level of “reasonable doubt” of your guilt. Remember, the burden of proof lies with the State.
Challenge the Following Too Closely with a CA Traffic Attorney in Roseville Traffic Court
Contact the Bakersfield, CA, traffic defense team of Bigger & Harman (661) 349-9300.
We practice only traffic law, and we offer CDL holders a free, no-obligation consultation, even by email.
Se habla Español (661) 349-9755.
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
The Balance article, A Guide to CSA Point Values and Transportation.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications
CVC Section 21703, Driving, Overtaking, and Passing