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Challenging Following Too Close in Georgia

Roswell, GA |

A pickup made an illegal u-turn in middle of a two-lane road, causing the car behind to slam on her brakes. I was about 3 car lengths back and going the speed limit 45mph hit my brakes. My brand new Accord w/ABS vibrated it's way up to her back bumper. Roswell Police show up, give me a ticket, citing it's the way the law is written.

Question: is this worth challenging (either to toss ticket or reduce my culpability before the Judge) noting:
1) the pick-up driver's u-turn, and subsequent fleeing the scene
2) I was following the posted speed, and at a reasonable distance behind the car in front of me.
2) no damage to cars, no injury to any party.
3) 4 witnesses who corroborate the incident, and all agree lame I got a ticket (including the driver of the car I tapped)

Attorney Answers 4


  1. Being 3 car lengths back at 45 MPH is NOT necessarily, as you found out, enough space to stop for the unexpected. At 50 mph, it can take you about 400 feet to react to something you see and bring your vehicle to a stop. That is about the length of a city block. While it may be hard to create that much separation, three car lengths is too close at that speed.

    Having said that, you do have some unusual cicumstances, which, if properly presented, might help in court. And since a ticket does cost you in increased insurance, you may want to retain a lawyer to assist you in a defense. A lawyer may be able to win on the facts or get a reduced disposition that will not go on your history, or otherwise help.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. If your situation was caused by a "sudden emergency" and not by any action or inaction of your own, then that is the defense you should utilize.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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