Getting cited with a following too closely ticket will almost always lead to a CDL holder fighting the ticket. CDL holders must maintain a clean driving record to get high paying jobs, manage leasing for their truck, and keep insurance rates reasonable. Using a traffic law attorney might be necessary to challenge a tailgating charge.
According to the FMCSR Section 392.2, a following too close or a tailgating conviction will get assessed five CSA severity points under the unsafe driving category of BASICs. That five severity-point violation will get multiplied by a three time-weight if the driver or carrier has another violation within the unsafe driving category. Plus, it is a serious offense.
A Following Too Closely Ticket Is a Serious Offense
What’s more, another conviction of a serious offense within three years of the first will lead to a 60-day disqualification if the serious offense is in the same category. FMCSA serious offenses include an unsafe lane change, railroad crossing violations, and speeding 15 mph or more over the speed limit. Such as when the 55-mph speed limit drops to 35 mph for a steep grade, or when you are unaware of the CA statewide 55-mph speed limit for most commercial vehicles, and you are doing 70 mph.
By the way, even a first-time conviction for a railroad crossing violation will get you an immediate 60-day disqualification.
This is also a misdemeanor crime under CA Vehicle Code (CVC) 22406.1, Other Speed Laws, which announces, “A person who operates a commercial motor vehicle upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.”
The Law Enforcement Officer (LEO) Might Not See a Driver Cut in Front of You
When you pay that fine, you have admitted guilt. Right or wrong, or even who was at fault, the blame becomes yours when you do not fight a following too closely ticket. It happens all the time that a driver in a small passenger vehicle is in the passing lane, and another vehicle flashes their lights at them to speed up or get out of the way. The startled driver pulls in as quickly as possible, often not realizing they have pulled into your “safe stopping zone.”
The LEO is sitting in a turnoff. All they see is you less than the “reasonable and prudent” distance behind the vehicle in front of you. CVC 21703, Driving, Overtaking, and Passing prohibits a vehicle from following closer than is safe, but does not spell out what exactly is “reasonable and prudent.” Therefore, unless you hire a traffic ticket attorney, the LEO’s interpretation is your reality.
Bigger & Harman, APC Can Handle Your Following Too Closely Ticket in Woodland Traffic Court
When you receive a following too closely ticket in the Woodland area, call Bigger & Harman at (661) 349-9300. Se habla Español (661) 349-9755.
We give CDL holders a free initial consultation. Send us an email, attorney@biggerharmanlaw.com with a scanned copy of your citation and as many details as you remember.
References:
The 2019 CA Commercial Driver Handbook.pdf
The CSA 2010 Violation Severity (Points).pdf
CVC 21703, Driving, Overtaking, and Passing and CVC 22406.1, Other Speed Laws