The question, was it following too closely or a brake check prank, has become very concerning on Interstate-80 (I-80) around Roseville in Placer County recently. In fact, across the country.
Recently, a trending and dangerous prank on the highways has been the unwarranted and unwise brake check in front of semi-trucks and other vehicles.
“Brake checking is a dangerous driving maneuver where a driver suddenly stops their car, forcing the car behind them to brake or swerve to avoid a collision. It's a form of aggressive driving that can happen during road rage incidents or when someone is tailgating.”—All Car Leasing.
Was It Following Too Closely or a Brake Check Prank?
Was it following too closely or a brake check prank that led to your recent ticket in a commercial motor vehicle (CMV)?
This question often arises for drivers facing citations on I-80 in Placer County, CA. Understanding the legal issues can help you challenge the charges effectively.
What Is a Brake Check Prank?
The term "prank" might downplay the dangerous reality of brake checking.
However, careless/reckless drivers often brake check for road rage, insurance fraud, or to punish perceived tailgating. But this reckless act puts everyone at risk, especially commercial drivers on highways like I-80 in Placer County, CA.
Brake checking a semi-truck, for example, can have catastrophic consequences. These vehicles need nearly a football field’s length to stop at 55 mph.
A small passenger vehicle or SUV cannot safely withstand the impact of an 80,000-pound truck.
Was It Following Too Closely or a Brake Check?
Law enforcement officers may only see part of the incident.
If they spot a commercial vehicle tailgating, they might not witness the smaller vehicle’s brake check.
This behavior can lead to unfair citations. CDL holders know that following too closely violates CA Vehicle Code (VC) Section 21703, Additional Driving Rules.
They also know if convicted, following too closely is a “serious offense” at the FMCSA.
The Stakes Are High for CDL Holders
For commercial drivers, a following-too-close or tailgating conviction carries severe consequences:
Fines and Points: A significant fine and DMV points on your CA driving record.
Insurance Premiums: Possibly higher rates for both personal and fleet coverage.
CSA Scores: Violations impact you and your carrier’s Compliance, Safety, and Accountability (CSA) score and Safety Measurement System (SMS) percentile.
Job Loss: Repeat offenses can lead to driver disqualification or termination.
A second conviction for following too closely within three years triggers a 60-day disqualification under FMCSA rules.
Disputing the first violation is essential to avoid this outcome.
Resolving a Following-Too-Close Ticket
If you’ve been cited for following too closely in Roseville in Placer County, CA, legal help is crucial.
An experienced traffic attorney can:
Negotiate Reduced Charges: Aim for a nonmoving violation to protect your record.
Challenge the Citation: Build a case to contest the ticket in court.
Provide Expert Guidance: Navigate DMV and FMCSA regulations effectively.
How Can a Lawyer Help?
CDL holders’ careers depend on maintaining clean records. A clean driving record allows commercial drivers to negotiate better pay and benefits.
A skilled attorney can identify flaws in the ticketing process, such as incomplete evidence or officer errors.
Legal assistance can safeguard your livelihood and minimize financial penalties.
Questions Commercial Drivers Frequently Ask
"Can I fight a following-too-close ticket from I-80 in Roseville Courthouse in Placer County, CA?"
"What happens to my CSA score after a conviction?"
“Is following too closely a serious offense that causes a driver disqualification at the FMCSA?”
"Was it following too closely or a brake check prank that caused the ticket or collision?"
The answers depend on your specific case details and should always be discussed with a CA traffic attorney. Don’t leave your driving future to chance.
Act Now
Don’t let a following-too-close ticket jeopardize your career.
Consult a traffic attorney to protect your record and keep your livelihood intact.
Remember, even minor infractions can have significant long-term consequences.
Seek legal advice today.
Ask Bigger & Harman for Assistance with a Following Too Closely Ticket in Roseville, CA
If ticketed, ask Bigger & Harman for a free consultation to determine was it following too closely or a brake check prank that caused your ticket. Call Bigger & Harman for an initial consultation at (661) 349-9300—Se habla Español (661) 349-9755.
We are CA traffic attorneys who can assist you with traffic tickets in Roseville Courthouse in Placer County, CA. Give us a call today.
Email us at attorney@biggerharmanlaw.com or use our convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
References:
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
CA VC Section 21703, Additional Driving Rules.
The DMV Portal CA Commercial Driver Handbook.
The CA DMV Employer Pull Notice (EPN) Program.