Commercial drivers know how easy it is to get cited for following too close or tailgating. Along I-80 through Roseville in Placer County, CA, it is a common infraction.
A moment’s misjudgment in traffic, or a vehicle cutting in front too closely, can result in a citation that puts a driver’s career at risk.
At Bigger & Harman, we’ve helped countless drivers navigate these stressful situations. We understand how one ticket can affect your CDL, your income, and your future.
Because commercial drivers accumulate NOTS points at 1.5 times that of their noncommercial driving peers, they musttake immediate action if they receive a traffic ticket.
What California Law Says About Following Too Close
Under CA Vehicle Code (VC) Section 21703, drivers must maintain a “reasonable and prudent” distance based on speed, traffic, and road conditions. But the code doesn’t define exactly what that distance is.
Officers often use visual judgment, which can lead to subjective or unfair citations. On busy I-80 through Placer County, traffic flow changes fast—even safe drivers can get caught off guard.
Why a Following Too Close or Tailgating Ticket Is Serious for CDL Holders
The FMCSA classifies following too close or tailgating as a serious offense. One conviction can raise your CSA score and appear on your Pre-employment Screening Program (PSP) record for three years.
A second conviction within three years will result in a 60-day disqualification by the FMCSA. A third could sideline you for 120 days. Those are penalties no professional driver can afford.
Even one violation can trigger employer reviews or limit your ability to negotiate better pay and benefits, or find future work with top carriers.
Common Defenses for Following Too Close or Tailgating
Every case is different, but several possible defenses could help:
- Unreliable Observation: If the officer’s claim relied only on a visual estimate, we can challenge their perception, angle, or memory in court. Often, an officers original statement on the dashcam could be different than what they testify to in court. Officers are human, and sometimes they can forget what exactly happened.
- Lead Vehicle Actions: If the driver ahead suddenly cuts in or brakes, it might not have been avoidable. Be careful of vehicles that “brake-check,” this is often a form of insurance fraud.
- Mechanical Failure: A sudden brake issue or other malfunction could explain a shorter distance. This needs documented proof that is credible, but it is a strong defense.
- Reasonable Under Conditions: Heavy traffic, fog, or road conditions may justify a shorter but safe following distance.
- Lack of Evidence: Without solid documentation or witness statements, reasonable doubt can lead to dismissal. “Reasonable doubt” is the standard even in traffic court.
We’ve seen firsthand how presenting dashcam footage or credible witness testimony can change the outcome in court.
Real Impact on Your Record and Career
A following too close or tailgating conviction adds California NOTS points, CSA severity points, and time-weight multiples, which affect your employer’s safety score. Over time, that can hurt your pay, benefits, and job security.
The DMV tracks these incidents closely, and once they appear on your record, they can stay there long enough to affect your opportunities. For drivers along I-80 in Placer County who rely on steady freight runs to the Bay Area port, that can mean lost routes or less-preferred assignments.
How to Avoid Another Ticket
While not every situation is preventable, these habits can help:
- Leave extra space in poor weather or heavy traffic.
- Increase distance when hauling heavy loads.
- Keep a dashcam running at all times.
- Avoid overreacting to brake-checkers—slow down and create space. This is a form of road rage, and a negative response could lead to you being the one penalized.
Even if you’re careful, misunderstandings happen. That’s why legal representation matters.
Consult Bigger & Harman About Following Too Close or Tailgating
If you’re cited for following too close or tailgating on I-80 around Roseville in Placer County, CA, contact Bigger & Harman at (661) 349-9300 or 859-1177 (se habla Español).
Our experienced and knowledgeable traffic attorneys understand the local courts and the unique pressures commercial drivers face. We handle cases in the Roseville Courthouse regularly and know how to challenge weak evidence or procedural errors.
Bigger & Harman regularly defends clients in Roseville Courthouse, call for a free consultation.
You can also email attorney@biggerharmanlaw.com or use our website's contact form for a free initial consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: How much is the fine for following too close or tailgating in California?
A: The fine is about $238, but the real cost goes beyond that when the CA DMV notifies the DOT FMCSA. For CDL holders, it’s a serious offense. A second conviction within three years will trigger a 60-day driver’s disqualification.
Q: What does “following too close or tailgating” mean for a commercial driver?
A: It means not leaving enough space for a safe stopping distance. Patrol officers often make subjective calls, which is why evidence like dashcam footage or witness statements can be crucial.
Q: How can a CA attorney help fight a following too close or tailgating ticket?
A: An experienced and knowledgeable attorney will examine the ticketing officer’s statement and can assess the officer’s evidence, identify weaknesses, and help get the charge reduced or dismissed. Remember, “reasonable doubt” is the legal standard, even in traffic court.
References:
CA VC Section 21703, Driving, Overtaking, and Passing.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.