Commercial drivers traveling through Stockton in San Joaquin County know that traffic can change in an instant.
Along I-5, I-205, I-580, and SR-99, a vehicle merging into their lane unexpectedly or braking suddenly can create a situation where a citation for following too close in a commercial vehicle is issued before the driver has time to react.
Unfortunately, a commercial traffic ticket for tailgating can carry consequences, such as a record for a “serious offense” for up to 3 years.
For many commercial drivers, a conviction can impact employment opportunities, income, and long-term career goals.
Could a Following Too Close Citation Happen to Any Commercial Driver?
Yes, many commercial drivers hauling freight through Stockton on I-5 and across California experience these citations. They are quite common.
I-5 is the main north–south freeway through San Joaquin County that links Stockton to Sacramento and the Bay area for making cargo deliveries.
I-205 and I-580 are also routes used by commercial drivers to deliver their goods to the Bay area and Silicon Valley.
Likewise, SR-99 is an east–west highway through Stockton, which connects drivers to Fresno, Modesto, and the Bay area.
Imagine this scenario that many commercial drivers experience daily:
Traffic is moving smoothly until a passenger vehicle abruptly changes lanes and fills the safety cushion the driver had maintained. Moments later, CHP lights appear in the mirror.
The citation alleges following too close in a commercial vehicle under CA Vehicle Code (VC) Section 21703.
Even experienced drivers can find themselves accused of tailgating when traffic conditions change rapidly or road rage rears its ugly head.
What California Law Says About Following Too Close in a Commercial Vehicle
CA VC Section 21703 requires drivers to maintain a distance that is considered “reasonable and prudent” based on speed, traffic, and roadway conditions.
The challenge is that the law does not specify what is safe, even though there are different interpretations of this out there. In most cases, enforcement relies heavily on an officer's visual observation.
On heavily traveled corridors such as I-5 through Stockton and SR-99 connecting Stockton with Modesto and Fresno, traffic patterns can change quickly. That sometimes creates disagreements about what constituted a safe following distance.
Regardless of your driving experience, it will likely take an experienced and knowledgeable CDL traffic attorney to convince the judge that the patrol officer’s observation was flawed.
According to the Constitution and California State Law, guilt beyond a reasonable doubt is the standard in traffic court as it is in criminal courts.
Why Tailgating Is a Serious Concern for Commercial Drivers
The FMCSA classifies tailgating or following too close as a “serious offense.”
A conviction can result in:
• DMV NOTS points assessed at the commercial-driver rate.
• CSA severity points that impact the carrier's SMS percentile.
• An entry on the driver's PSP record.
• Increased fleet insurance costs for the carrier.
• Potential commercial driver disqualification after repeated convictions.
A second serious offense within three years can result in a 60-day disqualification. A third may lead to a 120-day disqualification. Repeated convictions will result in a lifetime ban.
For CDL holders, the concern is not simply paying a fine. The greater issue is protecting a livelihood and future employment opportunities.
Common Defenses for a Following Too Close in a Commercial Vehicle
Every case is unique, but several defenses could apply.
An officer's observation may have been limited by traffic conditions, viewing angle, or distance. In some cases, an experienced commercial traffic ticket lawyer can use dashcam footage to tell a different story than the original allegation by the law enforcement officer.
Another common issue involves a lead vehicle that suddenly merges into the driver's lane or brakes unexpectedly. A vehicle that cuts into the driver’s existing safety cushion can create the appearance of tailgating even when the commercial driver was operating safely moments earlier.
Mechanical issues, weather conditions, road construction, or a lack of supporting evidence may also become important factors when evaluating the citation.
Discussing the actual circumstances of the stop for following too close in a commercial vehicle with an attorney could provide a path to dismissal.
The Real Cost of a Conviction
Many commercial drivers focus on the immediate fine amount. However, the long-term consequences often create the greatest concern.
A conviction for following too close in a commercial vehicle can impact future employment opportunities, route assignments, benefits, and earning potential.
There is no better bargaining chip for a commercial driver than a clean PSP.
For commercial drivers, maintaining a clean record can be critical to career stability.
Discuss Following Too Close in a Commercial Vehicle with Bigger & Harman, the CDL Traffic Attorney
When CDL holders receive a citation that must be resolved in the Stockton Courthouse in San Joaquin County, speaking with a CDL traffic attorney before resolving the case may be beneficial.
At Bigger & Harman, we understand how a commercial traffic ticket can affect a driver's career, PSP record, and future employment opportunities. We regularly assist commercial drivers facing traffic-related allegations.
Whether the citation involves following too close or tailgating, maintenance violations, logbook concerns, or another commercial vehicle issue, we help drivers understand their options before making decisions that could affect their livelihood.
CDL holders cited near Stockton can contact Bigger & Harman at (661) 349-9300 or 859-1177 para Español. Drivers may also email attorney@biggerharmanlaw.com or use our website contact form for a free consultation.
We have resolved over 30,000 traffic tickets for CA drivers, many of whom were commercial drivers.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What does CA law say about following too close in a commercial vehicle?
A: According to CA VC Section 21703, drivers must maintain a “reasonable and prudent” following distance based on traffic, speed, and road conditions. A citation may be issued when an officer believes the vehicle was following another vehicle too closely. However, the definition of reasonable and prudent can be subjective.
Q: Can a second conviction for following too close in a CMV lead to an FMCSA driver disqualification?
A: Yes. A second conviction for following too close in a CMV can lead to a commercial driver’s disqualification.
Q: Should I consult a CDL traffic attorney after receiving a tailgating ticket?
A: Yes. You should ask for a free consultation by phone, email, or in person.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 21703, Driving, Overtaking, and Passing