As our experienced traffic ticket defense attorneys know, following too closely behind another vehicle is not only dangerous but it is also prohibited according to Florida State Statute 316.0895. According to this statute, a driver should not follow another vehicle more closely than is “reasonable and prudent,” with consideration of the speed of the vehicles and the condition of the road. Frequently, in incidents of a rear-end collision, a law enforcement officer will cite the following driver for traveling too closely behind the vehicle in front of them, regardless of whether or not that was actually the case. If you have been charged for this type of infraction, a Ft. Lauderdale tailgating lawyer could describe the penalties you may be facing and help you navigate the legal process after being charged.
What is Tailgating?
Per the statute, it is unlawful for the driver of any vehicle to drive within 300 feet of another car when that person is driving on a roadway outside of a business or residence district. It is important to note that the language in this subsection outlining this 300-foot rule does not prevent overtaking and passing another vehicle and does not apply to any lane specially designated for this use.
Additionally, the statute outlines that motor vehicles being driven upon any roadway outside of a business or residence district must be operated in a way that allows sufficient space between each such vehicle as to enable any other vehicle to enter and occupy such space without danger. A lawyer in Ft. Lauderdale could determine if a driver’s actions constitute illegal tailgating.
Exception for Funeral Processions
There is a caveat to this, however: this rule does not apply to funeral processions, who can carry on without regard to the rules specified in this subsection and who are generally granted leniency.
According to state law, the motor vehicles that comprise a funeral procession are to follow the vehicle in front of them as closely as is practical and safe. Moreover, at intersections, regardless of traffic control devices that may be present, if the cars in a funeral procession are operating with due care, funeral processions are granted the right-of-way, provided that they yield the right of way to an approaching emergency vehicle giving an audible or visible signal and that they yield the right of way when instructed to do so by a law enforcement officer.
What to Expect from Tailgating Charges?
A violation of s. 316.0895 can yield a $60 fine, points on your license and/or required driving school. Additionally, these types of infractions can make a motorist’s insurance premiums more expensive. To receive a ticket for tailgating, a person must be in the same lane and driving behind the driver they were allegedly following. Additionally, a motorist must have been driving more closely than reasonable given the weather and road conditions. A reasonable distance is typically defined as leaving one full car length between vehicles for every 10mph. However, this distance may vary depending on the road and weather conditions. Because these types of violations are extremely subjective, building a defense is possible but can be tricky without the right legal counsel. As such, drivers accused of tailgating should contact a Ft. Lauderdale attorney after receiving a ticket.
How Our Ft. Lauderdale Tailgating Attorneys Can Help
Our trained and dedicated traffic ticket defense lawyers know that fighting a motor vehicle infraction can be difficult. Therefore, if you have received a ticket for following too closely, contact our Ft. Lauderdale tailgating lawyers for a free consultation. Our team could review your charges and determine how to best move forward with your case.
