YOU NEED TO FIGHT FOLLOWING TOO CLOSE IN A COMMERCIAL VEHICLE
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Following another driver too closely, or tailgating, is dangerous. If a driver should brake suddenly, the drivers behind need enough time to judge the situation and brake accordingly to prevent an accident. Law enforcement officers (LEO) often look for these types of violations in order to prevent an accident. However, it does not mean that these tickets are issued correctly. FOLLOWING TOO CLOSE The CA Vehicle Code (CVC), under Driving, Overtaking, and Passing, states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” However, “reasonable and prudent” often depends on a LEO’s judgment. A LEO’S PERSPECTIVE If a commercial driver were suddenly cut off by a small car and, before they begin to slow down, were pulled over by an officer, there would be cause to fight. Unfortunately, cases like these — based on incorrect appearances — are far too common. Due to the size of commercial vehicles, they are more noticeable. Therefore, a LEO might be more focused on what the large 18-wheeler is doing rather than the much smaller car. A SERIOUS OFFENSE According to the Motor Carrier Safety Planner and Chapter 6.2.5, Disqualification of Drivers, there are two types of disqualifying offenses: a “major offense” and a “serious offense.” A conviction for a major offense typically leads to an automatic one-year commercial driving disqualification. Likewise, a conviction for a serious offense usually requires a 60-day disqualification for a second offense and 120 days for a third within three years of the first. Whether a commercial driver is given a citation for following too close after an accident or not, it is vital to fight that ticket. To do that, you will need experienced traffic attorneys. Our team at Bigger & Harman is just a call away. Reach out to us now at 661-859-1177.
For I am convinced that neither death nor life, neither angels nor demons, neither the present nor the future, nor any powers, neither height nor depth, nor anything else in all creation, will be able to separate us from the love of God that is in Christ Jesus our Lord.
ROMANS 8:38–39
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