Following the vehicle in front of you too closely, or tailgating, is considered a traffic violation in North Carolina. If you’ve received a traffic ticket for tailgating, you may be considering paying the fine. While a ticket for tailgating isn’t as serious as a DWI charge, a conviction can significantly increase your insurance premiums and result in driver’s license points.
Before you pay your tailgating ticket, you’ll benefit from speaking to a traffic ticket defense attorney. Attorney Joel Hancock is prepared to fight your traffic ticket for you. He’ll answer your questions and handle every aspect of your case.
Why Do Drivers Tailgate?
Some drivers tailgate because they are frustrated with the driver in front of them driving too slowly or cutting them off. They may be distracted by texting, eating, or simply zoning out while they drive. In other cases, drivers develop a habit of following vehicles in front of them too closely.
Whatever the reason behind following a vehicle too closely, it’s important to understand that drivers can receive a traffic ticket for tailgating. The ticket itself may not seem serious, but admitting fault and paying the ticket can result in significant increases in auto insurance premiums or even the loss of continued auto insurance coverage.
North Carolina Code § 20‑152 Following Too Closely
North Carolina Code § 20‑152 defines following too closely or tailgating. The statute prohibits drivers from following another vehicle “more closely than is reasonable and prudent.” Drivers are required to consider the speed of the vehicles in front of them, traffic conditions, and the condition of the highway. Drivers on highways outside of residential or business districts must leave enough space between them and the vehicle in front of them for another vehicle to overtake them and enter the space in front of the vehicle without danger. The statute doesn’t prevent drivers from passing other vehicles.
This general rule only applies when “conditions permit.” When traffic is heavy, and vehicles are at a near standstill, leaving a large enough space for another vehicle to enter between the driver and the vehicle in front isn’t a viable option. There are two named exceptions for funeral processions and motor vehicles traveling in a platoon of commercial motor vehicles using an electronically interconnected braking system. The drivers in the platoon must have authorization from the Department of Transportation.
The Penalties for Tailgating in North Carolina
The penalties for following too closely in North Carolina include two points being placed on your driving record. If you already have several points on your driving record, your driver’s license may be suspended. Receiving a traffic ticket will likely increase your auto insurance premiums as well. Insurance rates can increase by hundreds of dollars a month. If your insurance provider drops your coverage, finding another auto insurance provider may be difficult, especially at a reasonable rate.
Charges Commonly Associated with Tailgating
In some cases, drivers are charged with more serious crimes, such as reckless or aggressive driving, in addition to tailgating. These misdemeanor offenses can result in a jail sentence, large fines, and a permanent criminal record. Suppose a driver injures or kills another person or people in a car accident by tailgating. In that case, they could be facing a more serious felony charge, such as manslaughter, felony assault, or second-degree murder.
Additionally, tailgating can cause motor vehicle accidents. When a driver doesn’t leave enough space between themselves and the driver in front of them, they may be unable to brake enough in time to avoid a rear-end collision. If you’ve been ticketed in a tailgating accident that caused an accident, you could also face a civil lawsuit for damages.
Defenses to a Tailgating Ticket
If you’ve received a ticket for tailgating, the first step toward defending yourself and dismissing the ticket is not to admit guilt. When pulled over by a law enforcement officer, it may be tempting to admit fault directly or indirectly, even if you didn’t violate any North Carolina traffic laws. After you receive a traffic ticket for following too closely, speaking to an attorney is important.
Your attorney will carefully review the facts of your case and decide what legal defenses are the most strategic to pursue a dismissal of the ticket. One defense is to provide evidence showing you weren’t tailgating. You may be able to prove you were following at a reasonably prudent distance. For example, you may be able to prove that traffic was congested enough to prevent you from safely leaving the length of a vehicle between you and the vehicle in front of you.
Another legal defense involves providing evidence another driver was at fault in your case. Your attorney may be able to provide evidence showing the vehicle in front of you slowed down suddenly and dramatically, reducing the safe distance between you. If a law enforcement officer sees you following too closely but fails to see the driver in front of you slow down too quickly, you could unfairly receive a ticket.
Finally, tailgating may have been a pretext for a law enforcement officer to pull you over for another traffic violation or crime. The officer may not have had a constitutionally legitimate reason to pull you over if you weren’t tailgating. Witness testimonies and camera footage are all important evidence your attorney can use for your legal defense.
Contact a Tailgating Defense Attorney in North Carolina
At Hancock Law Firm, we fight hard to pursue the most favorable outcomes for our clients. Attorney Joel Hancock has a proven track record of successfully representing North Carolina clients facing traffic charges. Don’t hesitate to contact Hancock Law Firm to schedule a complimentary, no-obligation case evaluation.