Contesting a Ticket for Following Too Closely After Freak Accident

My question involves traffic court in the State of: Washington, City of Spokane Municipal Court

Ok so here is the short version of the story, it was about 10PM at night, I was driving home just BEFORE a speed change from 35 to 50, a large tunk had an unsecured load of wood pallets that fell onto the roadway. The vehicle infront of me ran over one and high centered on it, I was quite aways back but didn't realize they stopped, as I got closer, I lost my attention down where they were to swirve around another pallet on the road when I looked up I didn't realize at first they were stopped, since they did not have break lights or emergency flashers on, just tail lights. By the time I realized it I slammed on my breaks and rear ended them.

The officer cited me for following too close, which I was not doing. Speeding yes, I was already almost upto 50, but not following too close. I am contensting the ticket and have a court date in a few weeks. I ordered a copy of the accident report from the Washington State Patrol and contacted one of the two witnesses listed, who agrees that I was nowhere near the other car and not following too close. They have agreed to show up to court and testify on my behalf. I will be requesting a copy of the officers statement and will supenona the witness to make sure they show up. I am hoping that I can goto the court in person sometime and have someone there help me request the officers statement and issue the supeona. Is there anything else I should do to help make my case?

Also just a note as far as insurance my insurance company states the driver of the truck the pallets fell off of was at fault, and my insurance company is providing me a letter stating this. The police report also notes a general description of the truck with no known license plate.

Any advice to help me out Ive never been to traffic court or anything is appricited, thanks.

Were you cited for RCW 46.61.145 (1) or RCW 46.61.400 (1)? Let me add that if you were cited under .145, and your witness can testify that the other vehicles were ALREADY stopped when you approached, you should get off. After all, you can't "follow" something that's not moving -- you can't "follow" a tree, or a bridge, or a telephone pole, or a "parked" car. Therefore, if you were charged under .145 and you have evidence that the other vehicles were already stopped, you could NOT have been following them -- closely or otherwise.

Now, if you were charged under .400 (which I believe you should have been charged under), then you've got a battle on your hands.

Barry

I was cited for 46.61.145 Following too close causing an accident.

It might also be worth noting the officer did not fully fill out the ticket, he did not include anything about the vehicle, no make, model, year, color, license plate or anything on the ticket, he also put down my gender wrong on the ticket. On the actaul accident report he listed me as the registered owner of the vehicle even though I was borrowing it, and I told him who the RO was he even asked me if I had permission to use the vehicle which I did.

I got the officers statement, nothing special there basically just states he responded to the accident where I rear ended the other car and he cited and released me. I might try to move for dismissal based on lack of evidence, then if the judge doesnt go for it, then I think between a letter from my insurance company stating that based on their investigation of the accident they have demmed it not my fault, even pairtially, and the witness testimony in court I would win when compared to the citys evidence of im not sure exactly what their evidence is, the fact that there was an accident? There could be a million things that could have caused the accident that dont involve me following too close, like pallets falling off a truck and the other drivver failing to put on emergecy flashers after she stop[ped so all I saw was taillights and it took a second to register that she wasn't moving. What do you think?