Were you cited for tailgating on a Los Angeles, CA road or highway? The charge relies on an officer’s personal opinion about what counts as a safe distance. These citations are often contestable.
The Los Angeles traffic ticket attorneys at Fight My Ticket can evaluate your case and help you fight the citation. Reach out today at (323) 435-6045 for a free consultation.
What Sets Fight My Ticket Apart for Tailgating Citations
A tailgating ticket might seem simple, but its impact can linger an accident occur. A citation can even affect insurance claims and personal injury lawsuits related to the incident. All the more reason to fight them.
Drivers choose Fight My Ticket because we offer:
- Three decades spent in California traffic courtrooms
- Dismissals or reductions in roughly nine of every ten infraction cases we take
- Coverage in every one of California’s 58 counties
- One flat fee, with no surprise charges added later
- We can stand in for you at court
- A no-cost case review to talk through your options
Contact us today to speak with a Los Angeles traffic lawyer and protect your driving record.
Overview of California Vehicle Code Section 21703
Under Vehicle Code Section 21703, drivers cannot follow another vehicle too closely. State law requires drivers to maintain a safe distance based on speed, road conditions, and traffic flow.
Importantly, the law does not set a fixed legal distance; citations depend on the situation.
When considering a violation, officers and judges consider factors such as:
- Your speed
- Traffic density
- Weather and road conditions
- Visibility and reaction time
- Your vehicle’s braking distance capabilities
Incidentally, these tickets often come down to an officer’s personal judgment about whether your were following too closely.
Penalties and Fines Associated With Section 21703 Infractions
Tailgating is an infraction rather than a crime; there is no jail time. However, potential consequences include:
- Fines that often reach around $238 after mandatory state fees and court surcharges are added, depending on the county.
- DMV actions that add one point to your driving record. Accumulating too many points can trigger a license suspension under negligent operator guidelines. Your license will be suspended if you reach 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months.
- Higher insurance rates based on having an infraction on your driving history can increase your auto insurance rates for several years.
Ignoring the ticket can lead to added fines, debt collection, and losing the option to take a traffic safety course.
Is Tailgating Considered Reckless Driving in California?
A citation for following too closely under Section 21703 is just an infraction. Reckless driving under California Vehicle Code Section 23103 is a misdemeanor that requires proving a driver showed deliberate disregard for safety.
However, these charges can sometimes overlap. If an officer sees aggressive tailgating combined with high speeds or other dangerous driving, prosecutors might charge you with reckless driving instead
A misdemeanor conviction can lead to up to 90 days in jail, higher fines, and two points on your driving record. Talking to a Los Angeles traffic attorney right away can help you protect yourself from more serious charges.
Traffic School Options for Tailgating Violations
In many cases, drivers can resolve the ticket by completing a defensive driving course. If you hold a valid license, were driving a standard personal vehicle, and received an eligible moving violation, traffic school prevents points from appearing on your public driving record. However, you still must pay court administrative fees.
Traffic school eligibility generally resets once every 18 months. Choosing this option waives your right to challenge the ticket in court, so it is important to review your legal options first.
Resolving Citations Issued After Auto Accidents
Tailgating citations are often issued after rear-end collisions because officers frequently assume the rear driver caused the crash.
The outcome of the ticket can affect related legal issues. Examples include:
- Insurance adjusters may reference the violation when determining fault and financial liability.
- The other party may use a traffic conviction to claim you were negligent in causing a crash.
Consulting a traffic attorney before resolving a ticket linked to an accident can help protect your rights.
Ways to Defend a Tailgating Citation
Every traffic stop involves unique facts. But attorneys use several common strategies for defending citations. These include:
- Showing that your spacing was reasonable given current traffic conditions provides a strong defense.
- Unsafe lane changes or sudden braking that shows your distance was reduced through no fault of your own.
- Showing that heavy traffic or other obstructions blocked the officer’s view
- Showing sudden roadway hazards or unexpected traffic slowdowns that justified temporary decreases in following distance.
- Showing that another driver’s actions triggered a chain-reaction collision that narrowed the distance between you and other cars
Your attorney will evaluate which defense is the best for your situation and present your version of events to the court.
What a Los Angeles Traffic Ticket Lawyer Can Do for You
A skilled attorney can guide you through your case by:
- Intake of your citation and the official police report, reviewed line by line
- Identify technical errors or procedural slips on the ticket itself
- Collect photos, video, and witness statements collected to back up your side
- Pushback on the officer’s account of what happened
- Evaluate whether a point-suppression traffic course is open to you
- Appear for you in court and cross-examine of the prosecution’s witnesses if the case goes to trial
Reach out to us today to learn more about how we can help you navigate your legal options.
Consult With a Los Angeles Traffic Attorney Today Who Can Help You
An unfair tailgating citation does not have to damage your driving record or raise your insurance premiums for years. You have options to contest the charge.
The Los Angeles traffic ticket attorneys at Fight My Ticket can help you protect your rights. Contact our office today to schedule a free, confidential consultation with a member of our legal team.
