Getting a ticket for following too close in a CMV can have serious consequences for your CDL and career if it reaches the DOT FMCSA.
If you're driving on Interstate-5 (I-5) through Woodland in Yolo County, CA, and get cited, you need to know your options.
Let's break it down so you can protect your record and livelihood.
What Does Following Too Closely Mean for CMV Drivers?
The DOT FMCSA defines following too close in a CMV as tailgating another vehicle where a safe stop isn't possible if the vehicle ahead brakes suddenly.
According to FMCSA guidelines, commercial drivers must keep a safe distance to allow proper reaction time. This is especially crucial when making lane changes or avoiding hazards.
The FMCSA’s Large Truck Crash Causation Study (LTCCS) found that 5% of CMV crashes result from following too close.
How to Maintain a Safe Following Distance?
Leave at Least Four Seconds – We all know that in real traffic conditions, this sometimes isn’t possible. But it’s the recommendation from the DMV.
If you're going 40 mph, keep at least a four-second gap.
Add one second for every 10 mph over 40 mph. At 55 mph, that’s six seconds.
Increasing Distance in Bad Weather
Double your following distance in rain, fog, or slick conditions.
This gives you enough time to stop safely if traffic slows or stops suddenly.
Following Too Close in a CMV Ticket: Legal Consequences
In Woodland, CA, a ticket for following too close in a CMV (tailgating) is a moving violation and a minor infraction.
The fine is typically $238, but that’s just the beginning.
The CA DMV adds 1.5 negligent operator treatment system (NOTS) points to your CA driving record.
Points stay for three years and can add up quickly.
Too many points can lead to a license suspension or probation.
If you get a suspension notice, you have 15 days to request a DMV NOTS hearing. A skilled traffic attorney can help possibly get points removed, add leeway based on miles driven in a CMV, and fight for a better outcome.
Following Too Close in a CMV a Serious Offense at the DOT FMCSA
The FMCSA considers it a serious offense for commercial drivers.
Other serious offenses include:
Reckless driving
Unsafe lane changes
Driving without a CDL, endorsement, or commercial learner’s permit (CLP)
Using a cell phone while driving
Speeding 15+ mph over the limit
Ignoring traffic controls in a fatal crash
A first offense stays on your Pre-employment Screening Program (PSP) record for three years. A second conviction in three years means a 60-day disqualification. A third results in a 120-day disqualification. Multiple offenses can even lead to a lifetime ban.
For fleet managers, hiring a driver with a serious offense conviction counts against their Safety Measurement System (SMS) percentile, as all moving violations count against their DOT number.
A poor SMS score means higher fleet insurance costs, more inspections, and possibly lost contracts.
Why You Need a Commercial Vehicle Traffic Ticket Lawyer to Dispute a Following Too Close in a CMV Ticket
If you get a ticket for following too closely in a CMV, you shouldn’t handle it alone.
First, you must turn down cargo to attend the arraignment and trial, which could cost you more than an attorney.
Second, you won’t know how to subpoena witnesses, law enforcement statements, and other critical data for your defense.
Third, you might make a statement that proves your guilt.
Finally, you won’t know how to negotiate a reduced no-point conviction with a fine only-if the court is open to plea deals.
A commercial vehicle traffic ticket lawyer can:
Review your case and challenge the evidence
Challenge the law enforcement officer’s perspective or view
Negotiate to reduce or dismiss the charge
Protect your CDL, career, and future. If you’ve been cited in Woodland, Yolo County, CA, contact an experienced traffic attorney today to discuss your options.
Consult Bigger & Harman About Following Too Close in a CMV Ticket
If you’ve been issued a following too close in a CMV ticket that requires resolution in Woodland Courthouse, call Bigger & Harman for a free initial consultation at (661) 349-9300 or 349-9755—Se habla Español.
Email us at attorney@biggerharmanlaw.com.
Use our convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
References:
The FMCSA’s Large Truck Crash Causation Study (LTCCS).
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.