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Will I get points + increased premiums on a following too closely citation if I pay the fine or can I fight it?

Lawrenceville, GA |

I received a citation for following too closely in wet conditions in heavy traffic. My foot was on the brake, and I was looking around because we were going less than 10 mph, there was another real wreck, and I was emotionally distracted. Guy in front of me slammed on his brakes. I tapped him. There was paint transfer, no damage, but he admitted to a supposed hit and run before and insurance wouldn't pay for "damages", so he wanted a police report. All he had to do is buff his car. I have pictures. By GA law I'm at fault, but I absolutely do not feel that I am. My insurance recently went up, and I can't afford for it to go up again. Should I just pay the fine and suffer the ramifications or can I fight it? How much is a traffic court lawyer if I can? Can you plead NOLO to this?

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Attorney answers 2


Yes, points will be assessed if you pay the fine. Whether your insurance premiums increase will depend on your insurance carrier. Yes, you can fight it. No, you should not just pay the fine and suffer the ramifications. If you pay the fine, that could be deemed an admission against your interest, which may be used against you in the civil, personal injury case (if any). Lawyers charge different rates, depending on their experience level and other factors. Hire the best lawyer you can afford, and follow her/his advice on your last question, as pleading nolo is generally available (with court approval), as long as certain conditions are met.

Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client.


Yes, you will get 3 points on your driving record, and the charge will appear on your driving history. If your insurance company runs your record, and sees the charge, they will most likely increase your premiums. Your best bet is to go to court, and ask the prosecutor to reduce the charge to a non-reporting violation. Pleading Nolo keeps the points off of your record, but not the charge itself. Insurance companies don't care about points on your license, but they do care about which charges are on there. Nolo would only be beneficial if you injured the other driver and/or you thought they were going to sue you. If you're concerned about that still ask the prosecutor to reduce the charge to a non-reporting violation, and then plead Nolo to the reduced charge.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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