Following Too Close Ticket After Rear-Ending a Car

[RJG85]

My question involves an accident that occurred in the state of: Colorado

I was driving early in the morning when it was still dark and when I looked up I hit a parked taxi cab in a right hand turn lane. He did not have his hazards or brake lights on. I was going 40 mph. The taxi cab driver was taken to the hospital. I received a copy of the traffic accident report and just ordered the supplement report. What should I do to appeal this ticket? I have a court date of 1/6/12.

[flyingron]

What defense do you think you have? You slammed into a stationary object at 40 MPH. Sounds like this is the least you could have been charged with.

[RJG85]

He shouldn't have been parked in a lane on the road without his hazards on.

[FullAuto]

So that gives you the right to ram him?

[flyingron]

Two wrongs don't make a right. While he may have been illegally stopped (and hazard flashers won't likely make a difference with the legality of that), your argument is spurious. Cars slow and come to stops for valid reasons without necessarily having their flashers or brake lights illuminated. You're expected to maintain speed and distance to make it possible to avoid striking vehicles ahead of you for WHATEVER reason.

[jk]

He shouldn't have been parked in a lane on the road without his hazards on.

true but you should drive with such prudence as to allow you to stop your vehicle when you discover something in the road.

Did he have any lights on?

[Speedy Gonzalez]

Wait, wait, wait... I think you've all overlooked something here. He was ticketed for "Following too closely". He hit a parked vehicle. The cited infraction does not fit what he happened. Unless the prosecutor or officer amends the charge, it is improper for the judge to convict on the charged section. The reason: You cannot follow a parked car. The taxi driver should have been cited illegally parking in a traffic lane because he did not have any lights running.


Note the language of the law. None of language fits or applies to an illegally parked vehicle.

(A) 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 vehicles and the traffic upon and the condition of the highway.

(B) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger; except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

(C) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.