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  1. #1

    Default Speeding and Tailgating Tickets if an Officer was Following Too Closely

    My question involves a traffic ticket from the state of: Washington

    I think I have a strange case in the way I received my ticket, but I’m not sure if I have grounds for legal action.

    Yesterday, just after entering I-5 Southbound between Federal Way and Tacoma (between King County and Pierce County) I merged into the leftmost lane of the highway to make room for the upcoming inward traffic. There were no cars in my immediate vicinity. After I merged, I started driving 70 MPH (The average traffic speed there is usually 65 MPH I admit I was speeding) and noticed I was closing in on a car, so I eased off the gas.

    Just then, a police car sped up behind me without its lights on and began to follow me uncomfortably close. Afraid I might get hit and unable to merge into another lane; I maintained my speed and eventually was caught between the car in front of me and the police car following close behind. The car in front of me was able to make room. The police car was so close I was afraid that if I were to brake or even slow down I would get hit. I was in this situation for about 60 seconds until the car in front of me merged into the right lane and the police car was still uncomfortably close. In order to make some room, I sped up slightly but the police car kept following. Still afraid of the police car behind me, I speed up again until the point where my speedometer was about 80 MPH (at this point we were going down a hill) and that’s when I the police car turned on its lights and signaled me to pull over.

    The officer claimed that I was following the car in front of me too close and noted the time I was speeding when it merged to the right. I tried to explain that he was pressuring me and I was afraid, but he would not listen. He stated that I was not looking in my rearview mirror, when in fact I was multiple times due to my fear. (He was wearing sunglasses when he spoke to me and my car is slightly tinted, but I bet the police car’s onboard camera would verify my claim.) He then called me a “moron” after he asked for my license and registration.

    As a result, I was given a $299.00 ticket.
    Violation Code – 46.61.400 – Speeding 20 MPH over limit (Over 40) - $175.00
    Violation Code – 46.61.145 – Following too close - $124.00

    There was probably some misjudgment and I know that there is no way I can completely clear this ticket, but I feel I was treated unfairly and I hope to possibly have my ticket reduced and/or my “following too close” fine removed.” I am under 21 (college commuter) and I have received a ticket before for using an HOV exit with no passengers. As of right now, I don’t know how my insurance will be affected, but I believe I haven’t used my deferral. I plan to call them very soon.I will edit this post with more information right when I get it. If I were to have a Mitigation Hearing, it would be held in King County at the Kent Courthouse. I do believe that the onboard camera would explain most things.

    Do I have a solid case to have my fine reduced and if I do, would only having a written explanation negatively affect me? I don’t think I could miss a day of class/work. Also, if I were to have the Mitigation Hearing, is there anything I have to do to insure that I can use the onboard camera as evidence.

    Thanks for taking the time to read all this, and Thank You for any advice you can give.

  2. #2
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    What is it that you expect the police cars dash-video camera to show?

  3. #3
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    He is apparently hoping that it will show an angle, with sufficient detail and resolution, that you'll be able to see that he was checking his rear view mirror while the officer followed him. I'm skeptical, but if there's a video I think it's almost always worth reviewing it.

  4. #4
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    The OP going to argue entrapment?

  5. #5
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    I think he just wants something to contradict the officer's impression that he wasn't checking his rear view mirror, and thus couldn't have been speeding to get away from the patrol car - his proposed defense seems to be necessity, not entrapment. I think it's a blind alley - it's going to be virtually impossible to convince the court that "I had to speed because I was convinced I would be rear-ended if I did not speed and it was literally impossible to change lanes," which is pretty much what you would have to prove to establish necessity.

  6. #6

    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    Thank you all for the advice so far.

    What would be my best course of action? I'm still unsure.

    If I were to do the Mitigation Hearing, my defense would be, as Mr. Knowitall says, the dashboard camera, but I don't know if that's enough. My best case scenario would have my speeding fine reduced and if possible my "following too closely" fine removed. I think it's reasonable, but I don't know how it would go over in court.

    Also, would sending in a written statement affect me negatively at all? I feel like I would have a better time explaining things on paper then I would in front of a judge. I would basically explain my situation in a similar way as I did in the first post and also request that the dashboard camera be reviewed.

  7. #7
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    I wouldn't write my guilt on paper and then sign it, I would hire a lawyer.

  8. #8
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    Have you filed for discovery yet? There may be technicalities with the NOI which would make it dismissable. As "whosthatguy" said, you might admit guilt to something on a declared written statement, so it is best not to do so.

  9. #9

    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    I decided that I will have a Mitigation Hearing. Since I didn't get any form from the officer for a "Decision for Written Statement", I plan to file a motion of discovery on whatever court date I receive. From what I looked up, I will basically show up that day, have the infraction read to me in court, then I will turn in a typed paper asking for the dashboard camera's video. (I'm not sure if I can just mail this paper in with my call for the hearing and my request for a deferral, but I'll call the court.) This is paper I will be presenting...

    I [Name], am filing this Motion of Discovery, to obtain the items listed below, for which I am entitled.
    • Video and Audio of the officers dashboard camera on the day of [The date it happened], between the times of [The Time with about 1 hour of leeway].
    • A copy of Officers daily report on the day of [Date]


    Aside from the date and my signature, I think that’s all I need since I haven't received a case number yet unless there’s a specific format I have to fill out. After that, I assume that I will get another court date where if the discovery goes though, the video will be reviewed. I will explain myself as I have in the original post, noting that I was checking my rearview mirror and my irregular movements when he was following me (constantly speeding up and slowing down).Then the judge will decide if I can get my violations reduced/removed or not as well as the decision for deferral.

    That’s what I’m planning. If I got anything wrong, if I’m missing anything or if you have any more advice, I’d be very grateful.

  10. #10
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    Default Re: Speeding and Tailgating Tickets if an Officer was Following Too Closely

    WOW! Are you in for some MAJOR disappointments! First of all, you've requested a "mitigation" hearing. That means you've pleaded "GUILTY". As such, you are NOT entitled to ANY discovery (let alone the items you're requesting). Discovery Requests are for "contested" hearings only. Discovery Requests MUST be submitted at least 14 days PRIOR to your CONTESTED hearing. Through Discovery, you are entitled to a copy of the officer's statement, a list of any witnesses the prosecution plans to call, and any video THAT THE PROSECUTION PLANS TO USE IN COURT! That's it! If the prosecution does not plan on introducing the video, they do NOT have to provide it to you. You'd better get real familiar with the Court Rules governing Infractions.

    The case number is on your hearing notice.

    BTW, my opinion of your "explanation" is "pure BS"! But, that's another issue.

    Good luck,
    Barry

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