Q: Should I go to court for a following to close citation?
I received a citation for TA - 21-310(a) Driver of motor vehicle following vehicle closer than reasonable and prudent on I-95 in the #3 lane (fast lane) at 63 - 65 miles per hour. Weather clear, traffic moderate, no accident, no additional citation. When asked why I was following so close I responded "I didn't think I was." When the officer then said: "Be honest with me, could you even see the taillights of the car in front of you?" I responded with "yes I could." He then requested my license and registration and wrote the citation. I would add now that I could in fact see the entire rear profile of the vehicle from the tires on road surface to the top of the vehicle and could also see road surface between my vehicle and the car in front of me, at least 1 to 1.5 car links continuous.
A: It’s a one point offense. Points stay on your driving record for two years from the date of the violation, but only if you pay the fine or go to trial and are convicted. If you request a trial, the officer may not show and you’ll be found not guilty; or, if found guilty, you can ask the judge for a “probation before judgment” which is a disposition that strikes the conviction and guilty finding and results in no points. If you have a clean driving record, you will have a better likelihood of receiving that result. A PBJ will keep the ticket from appearing in your driving record. By keeping the ticket off your record, your insurance company cannot use it as a basis to raise your premiums. Many insurers only raise rates if you get two or more negative hits in three years (any combination of moving violations and/or at-fault accidents). So, the decision is yours whether to pay or go to court. Do not request a waiver hearing, as that is the same as a guilty plea (officer need not show, you can’t deny the violation, but you can still ask for a PBJ). It takes 8 points accumulated over a two year period before the MVA can suspend your license, so if you’re in that range, then you should definitely request a trial.
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