Following Too Closely in Woodland, CA
Following too close/tailgating is a frequent citation in Yolo County, CA. The CHP monitors I-5 and SR-113 for these violations. A conviction carries serious professional consequences.
Understanding CA VC 21703 as It Applies to CMVs
CA Vehicle Code (VC) Section 21703 Driving, Overtaking, and Passing requires a "reasonable and prudent" distance.
This distance depends on speed, traffic, and road conditions. It is often a subjective judgment by the law enforcement officer.
“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.”
Heavy loads increase stopping distances for commercial vehicles. Woodland, CA, officers frequently cite truckers for this violation. It is considered a “serious offense” under FMCSA regulations.
Consequences After a Conviction
A paid fine for this violation is approximately $238. However, the DMV adds 1.5 points to your record after a conviction. These points can remain on your MVR for three years.
Further, all convictions for a moving violation in a CMV is reported to the DOT FMCSA.
Two serious offenses within three years lead to driver disqualification. This can result in a 60-day loss of interstate commercial driving privileges. Your career depends on avoiding these marks on your PSP.
Under the new Compliance, Safety, and Accountability (CSA) severity point format, all “serious and major offenses” are assigned a two, the most significant negative assessment. These severity points will impact the carrier’s SMS percentile.
How the Changes to CSA Severity Points Will Impact Drivers & Carriers
Instead of the former system, which used a one-to-ten scale, the new method assigns a CSA severity weight of one or twoto violation groups, which will change slightly, as well.
According to Rush Truck Centers, the new CSA severity points will be assigned:
“Weight of Two: Assigned to violations involving Out-of-Service (OOS) conditions or driver-disqualifying actions, including those that carry a serious offense designation.
Weight of One: Assigned to all other violations.
Purpose: The FMCSA determined that simply knowing a violation occurred, rather than applying a complex weighted score (1-10), is more effective for identifying high-risk carriers.”
Therefore, a conviction of a serious offense will be assigned the most serious fault condition.
Legal Defense in Yolo County, CA
Most Woodland, CA, tickets from I-5 are heard in the Yolo County Superior Court. A CDL traffic ticket attorney can often appear in court for you. This convenience allows you to keep working while we fight the ticket.
Bigger & Harman evaluates potential or possible results for your case. We work to have the charges dismissed or reduced. Remember, paying the fine is the equivalent of pleading guilty and accepting the consequences for you and your career.
All moving violations under a carrier’s DOT number are consolidated to determine the fleet’s SMS percentile monthly. With the recent change, carriers with a percentile of 65 or higher will likely be called in for inspection, regardless of the driver’s most recent inspection, which will cause delays and possibly missed deadlines.
Contact Bigger & Harman to Dispute a Following Too Close/Tailgating Ticket in Woodland Courthouse
Commercial drivers are advised to stay calm and professional during a roadside stop. Do not argue about the distance between vehicles.
Simply sign the ticket and resist making a statement to the law enforcement officer, who is quite likely wearing a body cam, which they can offer as evidence of either your cooperation or an admission of guilt.
Signing the ticket only confirms your promise to appear. It is not an admission of guilt. Contact a Bigger & Harman to discuss your legal options.
For help disputing a following too close/tailgating in a CMV ticket near Woodland in Yolo County, call Bigger & Harman, APC, at (661) 349-9300 or 859-1177 para Español. You can also email us at attorney@biggerharmanlaw.com or fill out our secure online contact form.
We regularly defend commercial driving clients in the Yolo County Courthouse. Contact us for a free consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: Why is following too close or tailgating a serious offense?
A: Due to longer stopping distances and the potential for fatal collisions, the FMCSA considers it a serious offense and a two-point CSA severity designation. Two convictions in three years lead to a 60-day driver disqualification.
Q: How does a conviction impact my PSP?
A: A conviction results in 1.5 DMV NOTS points in California. The CA DMV will notify the FMCSA, which will assign two CSA severity points to your carrier’s SMS percentile, and the record of conviction will become a part of your PS for up to three years.
Q: Should I just pay the fine to get it over with?
A: Paying the fine is the same as a conviction. Always consult a traffic ticket attorney to protect your livelihood and carrier safety ratings.
References:
CA VC Section 21703, Driving, Overtaking, and Passing.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.