Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Ticketed for "Following Too Closely" After Rear End Accident

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

    I was involved in an accident last week and I was just sent a ticket in the mail being cited for "following too closely" under RCW 46.61.145.

    What is frustrating about this is that the vehicle I hit was at a dead stop turning left. I was trying to give space to a bicyclist on my right (in the shoulder) and at the same time I was watching the oncoming traffic because I was moving very close to the centre yellow lane. I didn't see the stopped vehicle I hit until I was about 30 feet away.

    One of the witnesses said I was moving at about 30 mph when I hit the vehicle. Before that I was going less than the speed limit since I was passing the bicyclist.

    Is there any chance I might be able to contest this?

    The officer did not arrive on the scene until after the accident had happened.

  2. #2
    Join Date
    Oct 2011
    Location
    Seattle, WA
    Posts
    53

    Default Re: Ticketed for "Following Too Closely" After Rear End Accident (Wa State)

    Hello,

    Read the sticky, file for discovery and post it. You may be able to contest it if the officer used the accident report as his main evidence. Accident reports are not admissible in traffic court as per R.C.W. 46.52.080

    "No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the chief of the Washington state patrol solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law"

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Ticketed for "Following Too Closely" After Rear End Accident (Wa State)

    You can contest it, certainly. Your chances of winning are pretty slim, since an accident constitutes prima facie evidence that you are guilty of the infraction.

    Dudesky, I do not believe that 46.52.080 applies, because the citation is not based upon the report. The citing officer's report will certainly state what the officer's observations were - crashed cars, one hit the other from behind, obviously the one in front wasn't backing up, multiple witnesses, etc. The key is not the accident report here, it's the content in the officer's statement. The officer's statement is what will be used in the hearing.

    1. Sponsored Links
       

Similar Threads

  1. Other Violations: Ticketed for Using a Closed Road, "Local Traffic Only"
    By good driver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 09-22-2011, 11:02 AM
  2. Parking Violations: What Makes a Street a "Limited Access Facility" (Ticketed for Passenger Drop-Off)
    By Notajd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-16-2011, 01:54 PM
  3. Following Too Closely: Self-Defended "Following Too Closely"
    By vman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 10
    Last Post: 10-15-2010, 12:24 PM
  4. Traffic Accidents: "Neck Injury" Claim from a Minor Rear-End Accident With No Vehicle Damage
    By parkerdaly in forum Accidents and Injuries
    Replies: 9
    Last Post: 01-22-2010, 04:19 PM
  5. Speeding Tickets: Ticketed on residential street for driving on a "highway"
    By djadroit in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-06-2005, 03:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources