Many drivers assume that they will arrive at their destination sooner if the stay very close to the car in front of them. But, following too closely or tailgating is one of the leading causes of traffic accidents.
Because of the danger it poses, tailgating is a major concern among motorists and law enforcement alike and is not tolerated on New Jersey roads.
If you have been issued a ticket for tailgating, it is in your best interest to work with an experienced New Jersey traffic ticket lawyer who can help you avoid both the statutory and collateral consequences of a conviction.
Tailgating (N.J.S.A. 39:4-89)
Under N.J.S.A. 39:4-89, you may be found guilty of tailgating if while driving a vehicle, you follow too closely behind another vehicle with respect to the speed you are traveling, the traffic, and the condition of the road. What’s more, if you are driving a truck outside of a business or residential district, you may be found guilty of tailgating if you follow within 100 feet of another truck, unless you are passing.
Much of what is considered “too closely behind” is up to the discretion of the law enforcement officer who witnessed the conduct. But, as a rule of thumb, you may be considered to be following too closely behind another vehicle if one of the following two scenarios is true:
- There is not at least one car length for every 10mph you are traveling. This means that (in normal weather conditions) if you traveling 70mph, there should be at least 7 car lengths distance between you and the car ahead of you.
- You are not at least 3 seconds behind the car ahead of you. For example, if you pick a stationary object along the roadside (a signpost, road marker, or tree for example), at least 3 seconds should expire between the time the car ahead of you passes that object and the time your car reaches that object.
What Are the Consequences for Tailgating in New Jersey?
The criminal and financial consequences of tailgating in New Jersey are as follows:
- A fine of $50 to $200 for each conviction
- 5 points against your driver’s license.
- $33 courts cost
- Up to 15 days in jail. It is rare for a person to be incarcerated for tailgating. But, in certain cases where your actions were particularly egregious, you display no remorse, you have a history of such behavior, etc., the judge may sentence you to up to 15 days in jail.
Furthermore, if you accumulate 6 points or more, you will be required to pay a surcharge of $150 (and an additional $25 for each point over 6) each year, for three years.
Moreover, a conviction for tailgating, which is considered an unsafe behavior, will result in your insurance premiums increasing by as much as 13%.
What’s more, if you end up hitting the car in front of you because you were following too closely behind, there is a good chance that you will be held financially liable for any resulting property damage, injuries, or loss of life.
Can I Lose My License for Tailgating in New Jersey?
Although a suspended license is not expressly specified as one of the penalties for tailgating in New Jersey, the judge still reserves the right to revoke your license and may do so if he or she believes that you acted willfully and wantonly with regard to the safety of people or property.
In addition, if a conviction for tailgating results in you having more than 12 points on your driving record, your license may be suspended automatically by the New Jersey Motor Vehicle Commission (MVC)
Defenses to Tailgating in New Jersey
A few common defenses to tailgating under N.J.S.A. 39:4-89 are as follows:
- You were following at a distance that was reasonable and prudent given the circumstances involved ( i.e. the speed you were traveling, the traffic, etc.)
- The officer who stopped you mistook your vehicle for another.
- The vehicle you were following was being driven erratically.
Note: If you raise any of the defense above, you will most likely need photographic or video evidence to support your claims. If you don’t have such evidence, you may not be successful at getting the ticket dismissed. However, with the assistance of qualified and experienced New Jersey traffic ticket attorney, you may be able to get the charge reduced to an offense that carries fewer points, such as careless driving or unsafe driving.
Why Hire Us to Defend a Ticket for Tailgating in New Jersey?
Our New Jersey traffic ticket attorneys have years of legal experience and have helped drivers all over the state of New Jersey save points on their license, hundreds of dollars in fines and penalties, as well as, insurance increases. We excel at getting tickets either dismissed or reduced. If you have been issued a ticket for tailgating, call us to discuss how we can help minimize the consequences.