Quote:
Originally Posted by dubc80
Anyone ever gotten a ticket for Following Too Closely after an accident?
I was unfortunately in an accident a few weeks ago. There was a 3-car collision in front of me. The guy immediately in front of me stopped suddenly (avoiding the prior crash) and swerved partially into the open lane to our left.
Unfortunately I wasn't able to stop in time, or swerve far enough out of the way, so I rear ended him on the back left corner. He did not crash into the 3 cars in front and thankfully no one was hurt at all.
Because of the number of vehicles involved, cops showed up on scene to do all the paperwork and I got a ticket for following too closely. $233!
The cop was pretty sheepish when she gave it to me and actually recommended me to go fight it in court. It almost seemed like it was routine procedure or something.
I thought it was rather unfair considering the driving conditions at the time.
Anyone ever had this happen, and have success challenging it?
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When I was an Articling student (some years ago) I spent about a month prosecuting Highway Traffic Act matters. Here's my two cents:
Proving the offence of "follow too close" is actually very difficult. It requires evidence on your speed and following distance just prior to the accident. Generally, Crown witnesses aren't able to provide this (most drivers just don't pay that kind of attention to the vehicles behind them.) The officer really should have charged you with careless driving because it is much easier to prove.
You should seriously consider a not guilty plea. You could retain a lawyer (obviously pretty cost prohibitive for something this minor) or a paralegal (although frankly the vast majority that I have ever encountered are incompetent). If you choose to represent yourself, request disclosure from the Crown and review the officer's notes and witness statements for references to speed and distance.
Hope that helps.