First "traffic" ticket.. -Following Too Closely

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nismoZtuner
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First "traffic" ticket.. -Following Too Closely

Postby nismoZtuner » Fri May 30, 2014 3:10 pm

so I was driving to work earlier today which is less than a 2 mile drive from my house. There was a police officer on the lane next to me (right) and I was behind a SUV on a red light when the light turned green we had proceed- a few feet later the SUV that was in front of me decided to change lanes to the right lane which was 2 cars in front of the cop. I obviously had to slow down so I did -then the officer changed lanes to my side- so now he is behind me. After passing a green traffic light I had to get ready to change lanes since my next turn was going to be a right turn that's when the officer changed lanes as well behind me once again and then deiced to stop me. when the SUV changed lanes there were no cars in front of me so i`m assuming its because of that.

Then the officer walked up to me and told me that the reason he stopped me was because i was too close to the vehicle in front of me. I tried to tell him that I had a good gap between me and the car- he then told me "what if the car stopped what would happen? you will hit the car right? whose fault will it be?"
I didn't say much since the cops didn't seem too well to reason with.

BUT that's BS I had enough space between me and the SUV (the SUV was the only vehicle in front of me the entire time when I was in my lane and that officer next to us). IN my way of seeing as the drive I believe I had enough space (gap) between me and the SUV before and when he was trying to change lanes.

Based on what you guys read do you guys think I have a chance with the judge to do something about it.

What do you guys think? I live in California
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Postby Snowman » Sat May 31, 2014 2:05 am

Nismo- if I were you, I would go to court and try to get the ticket dismissed. Was it a local or county or state? ( I ask because often times, the judge knows the officer ( often the judge doesn't like the officer, ticket is dismissed. If the judge does, no luck.) but If you gave the driver around 2 car lengths of space, then I don't think you should've gotten a ticket. If you did, it's the officers words against yours. I've seen several collisions where people on the freeway come in within 2 feet of a bumper, so idk tbh with you. I think if you explain it to the judge that you gave the driver enough space to change lanes safely you should be ok, or if you go to court- hope the officer doesnt show up. Good luck, I hope your ticket gets dismissed :) .
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Postby nismoZtuner » Sat May 31, 2014 1:02 pm

Its was a local officer but my court thing is in a different city but part of the same county- I slowed down giving the other driver at least a car length (since he slowed down) I was going with the flow of the other driver.

Do you think I should wait or can I just go to the court place where the ticket says I need to go to?
I was given my court date the next day of my b-day 7/23/2014 which is BS!

Man i want to say- "if you can trust my words but the officers well then check the dash camera these police vehicles have" - wonder what the judge will say
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Postby nismoZtuner » Sat May 31, 2014 3:13 pm

Snowman wrote:Nismo- if I were you, I would go to court and try to get the ticket dismissed.


i just wrote a letter, When I walk up to the judge on my court date I hope he/she reads it- since I know I will be a bit nervous.. not a fan of these places..
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Postby otter » Sat May 31, 2014 4:21 pm

California Motor Vehicle Code 21703 "following too closely" is a common ticket in California. It's not one which you're likely to win since the standard is subjective and it's your word against the officer's.

And really, unlike many of California's stupid laws (such as not allowing truck drivers to smoke cigarettes in their own truck since that is a "workplace"), tailgating laws make sense... since a large number of serious accidents are caused by people following too closely. Call this one a life lesson... better for it to be learned paying for a ticket than paying for the plastic surgery and dental work required to fix the damage caused by your face slamming through the windshield.

Life lesson two might be to never argue with a cop who pulled you over. Better for you to say you are sorry, you weren't paying attention- your favorite Aunt Gertrude just passed away and you just didn't realize you were tailgating. If you argue about the details you will almost certainly get a ticket instead of a warning.

As for the note to the judge... he/she will likely not even look at it. Part of the process is for the judge to determine the truth of your testimony. He wants to hear you speak, not read what you have to say. It's really easy to lie in a letter; a little harder to look a judge in the eye and speak untruths aloud.
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Postby darkguy2 » Sat May 31, 2014 5:55 pm

Plus I assume that you did not write that letter under oath.
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Postby benhollberg » Sun Jun 01, 2014 12:35 pm

Every car should come standard with a dashboard camera. This would really come in handy in this situation.
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Postby jumbo » Mon Jun 02, 2014 10:29 am

darkguy2 wrote:Plus I assume that you did not write that letter under oath.


I was thinking the same thing.
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Postby jlam572 » Mon Jun 02, 2014 12:53 pm

I have a ton of experience in fighting tickets. In fact I just won my last 2 parking tickets a couple weeks ago. My record for speeding tickets in court is about 10 of 19 dismissed.

First off. Do a trial by written declaration.
IMPORTANT: Send it in towards the latest possible date, you want the maximum amount of time to elapse before you fight it. (i will explain more later).Be sure to look up the California vehicle code in which the officer wrote on the ticket and see if its accurate to this case. If its not, be SURE to put that in your statement. Also look up other vehicle codes that can help your case, like codes regarding traffic, lane changing, following distances, flow of traffic, etc. Be sure to include a map/images with your letter to help the judge get a better idea of the situation described on the officers ticket. Write down EVERYTHING right now from that day...things you remembered him saying, you saying, temperature, traffic, weather, wind, etc. While its still fresh in your mind. Things he said to you may help your case.
If youre found guilty via the letter, send in a request for a trial de novo. Again, do this at the latest possible time (its 30 days here in Hawaii) I forget what it was in California when I lived there. The trial de novo will give your case to a DIFFERENT judge and will postpone the case even further. The reason you want to postpone this case so much is because at the trail de novo, the officer has to appear. His/her memory of the incident will be a distant memory and he will be pretty much reading the notes on the back of the ticket.

So heres the order.
1) trial by written declaration
2) if found guilty, request a trial de novo

I love fighting tickets for my buddies, and ive even accompanied them into court a few times to keep their spirits up. I fight EVERY single ticket because its our legal right to. If you want help fighting this ticket, I will be more than happy to help you. Ill even help you with writing the written declaration.

Some of the tickets ive had dismissed (78 in a 35, 91 in a 55, 41 in a 25mph school zone)

PM me and ill help you bro. Don't be a victim.
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Postby nismoZtuner » Mon Jun 02, 2014 1:46 pm

benhollberg wrote:Every car should come standard with a dashboard camera. This would really come in handy in this situation.


i have been wanting a dash camera for a while. I own a 300zx so i can probably install one right in between the seats at the dome.
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