Following too close in a CMV can put a commercial driver’s career at risk. 

We’ve seen it happen to experienced truckers who never thought one ticket could threaten their livelihood. 

One citation can trigger fines, California NOTS points, Compliance, Safety, and Accountability (CSA) points on their Pre-employment Screening Program (PSP) record, and even employer scrutiny, creating long-term consequences that extend far beyond the initial ticket. 

That’s why understanding the law — and how to respond — is essential for protecting your record and your driving career. 

What Does the California Vehicle Code Say About Following Too Close in a CMV?

CA Vehicle Code (VC) Section 21703, Driving, Overtaking, and Passing 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 vehicle and the traffic upon, and the condition of, the roadway." 

Although it does not specify a clear-cut distance, the unwritten rule or the rule of thumb for following another vehicle on the freeway is the “three-second rule.”  

However, that rule must be adapted to your vehicle's weight, speed, and stopping distance. Common sense tells us that the stopping distance for an 80,000-pound truck is different than that of a Prius. 

Although there are others, the five most common defenses for following too close in a commercial motor vehicle (CMV) are:

1.Insufficient or Unreliable Evidence

One defense is to challenge whether the officer had clear proof. Suppose a following-too-close accusation is based solely on the law enforcement officer's visual observation — with no dashcam video, radar data, or corroborating witness brought into court— the reliability of that evidence can be questioned depending on the officers testimony. 

Was their view blocked? Were they too far away? We know how to raise those “reasonable doubts” and present them to the traffic court judge.

Producing witnesses or dashcam footage of your own could raise “reasonable doubt,” and result in a dismissal.

2.Why This Matters More for CDL Holders

The FMCSA labels following too close in a CMV as a “serious offense.”

That means a second conviction within three years can lead to a 60-day disqualification for the driver. A third conviction increases the penalty to 120 days, and a fourth results in a one-year ban. 

This goes on your pre-employment screening (PSP) record for three years — something every trucking company must check before hiring a new driver. Therefore, if you are terminated from your current position, it may be more challenging to secure a new position with a new fleet.

Furthermore, any moving violation on your PSP can affect your ability to negotiate better pay and benefits.  

3.When the Vehicle in Front of Yours Causes the Problem

Sometimes the fault isn’t yours. 

If the lead vehicle suddenly slows, cuts in too close after passing, or fails to maintain a steady speed, that can force you to close the gap unintentionally. 

We’ve seen cases on Highway 1, also known as the Pacific Coast Highway (PCH) in Santa Barbara County, where sudden tourist traffic patterns create dangerous situations — and unfair tickets.

4.Reasonable Distance Given Conditions

As noted above, the CA VC states, “…shall not follow another vehicle more closely than is reasonable and prudent.” What about heavy traffic at a low speed? 

You may have had enough room to stop safely. Poor weather? Maybe you were already leaving extra space. We can frame this in a way the judge will understand.

5.Sudden Mechanical Failure

Mechanical problems happen. If brakes fail or another system malfunctions, your following distance may shrink through no fault of your own. This needs credible, documented proof, but it can be a strong defense.

Practical Tips to Avoid a Ticket

• Increase your following distance in rain, fog, or snow.
• Allow extra room when hauling a heavy load.
• Watch both ahead and behind for traffic changes.
• When a driver performs a brake check in front of you, take evasive action, slow down, and get away from that vehicle. Provide any dashcam recording of the incident to your attorney.  

Speak with a CA Traffic Attorney About This Serious Offense

If you’re ticketed for following too close in a CMV in Santa Barbara County near or on Highway 1/PCH — get legal help immediately. 

This is not just another citation. It’s a serious offense that can result in a driver's disqualification lasting 60 days or more. 

In the Santa Barbara County Courthouse, we know which documents are required, how to schedule your case, how to work with local court staff, and challenge weak evidence. Don’t risk your CDL. We defend the ticket to prevent a potential disqualification.          

For more information about following too close in a CMV, read How to Challenge That Following Too Close (Tailgating) Ticket.

Consult Bigger & Harman About Following Too Close in a CMV on Highway 1 or 101

If you’ve been ticketed for following too close in a CMV, don’t risk a driver disqualification now or down the road. Call Bigger & Harman, APC at (661) 349-9300 or 349-9755 (se habla Español). 

You can also email us at mailto:attorney@biggerharmanlaw.com or use our website contact form.

Bigger & Harman regularly defends clients in Santa Barbara County Court. Request a complimentary, no-obligation consultation. We assist commercial drivers in resolving traffic tickets to protect their CDL and their livelihood.

Download our e-book, Protecting Your Commercial Driver License.

❓ Frequently Asked Questions (FAQ) Section

Q: How much is the fine for following too close in a CMV ticket in California?

A: It depends on the county, but in Santa Barbara County, the fine is about $238, but any moving violation threatens a commercial driver’s position, and a second conviction within three years will result in a driver disqualification of at least 60 days. 

Q: Can a following too close in a CMV charge be reduced?

A: Yes. With the right defense, the charge may be dismissed. Non point violations in Santa Barbara normally cannot be negotiated per the court.

Q: How long will a following too close in a CMV conviction stay on my PSP record?

A: A conviction for following too close in a CMV will be on your FMCSA pre-employment screening record for at least three years unless you win on appeal or get the violation changed to another charge that is not an FMCSA “serious offense.”

References:

CA VC Section 21703, Driving, Overtaking, and Passing.

The DMV Portal CA Commercial Driver Handbook.

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.