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  1. #1

    Default Tailgating a Police Vehicle

    My question involves traffic court in the State of: Washington (Spokane)

    Hello Everybody,

    I received a traffic violation 46.61.145 for following an officer's vehicle too close. I would like to contest the ticket, as I do believe I am innocent. Here is the incident:

    I received a penalty of $124.00 for following too closely Officer X headed westbound on I-90 near Maple Street exit. My first encounter with this police officer’s vehicle was just after I entered the highway at Sullivan. I had set my cruise control onto my normal 65 MPH and was in the far left lane passing slower vehicles, and the officer's vehicle was ~100-150 yards behind me. When the police officer’s vehicle had encroached upon me (within two car lengths) and it was evident that he wanted to pass me, I politely moved into the middle lane as soon as I could reasonably do so. A few moments after he passed me, I moved back to the left lane in order pass slower vehicles in the middle lane once again.

    At times this officer’s speed varied from below 60 and above 65 MPH, without any vehicles slowing him down. Since my vehicle was still on cruise control at 65 MPH, I inevitably dropped my speed several times to maintain a safe distance from the officer’s vehicle in front of me and had to turn off my cruise control. My vehicle never encroached upon Officer X’s vehicle closer than he encroached upon mine, and I was always quick to slow down when Officer X’s vehicle slowed down.

    I was pulled over as I exited the freeway, on the off-ramp.

    Thank you!
    Adam

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Contest Following (an Officer) Too Close

    You understand the speed limit is the MAXIMUM safe speed, not some obligatory speed. 60 is not unreasonable.
    What distance he followed you at is immaterial. As your mama told you when you were six, two wrongs don't make a right.
    100 yards is marginal at 60MPH.

    Anyhow, this is Washington State. Your case will be decided by the officers written statement (you need to submit discovery to get it) and the ticket itself. Follow the thread stuck at the top of the forum called "Procedural Guide to Washington State" and post back.
    We can't even think about a defense to we see what assertion the officer gave for issuing the violation.

  3. #3

    Default Re: How to Contest Following (an Officer) Too Close

    Thank you. Can I discover the officer's statement before I officially contest?

    One argument was that the officers speed varied considerably throughout the trip (I followed him for 10 minutes on the freeway), so he was (a) distracted and not in the best capacity to observe and (b) his varied speed meant I had to slow down, meaning I would get closer to him at moments (perhaps when he spotted me), but never without my foot over the break, slowing down to gain distance.

    The other argument was that he defined what was "safe and prudent" for that day and those conditions by how close he followed me. If I followed him no closer, then I drove at a safe and prudent distance.

    This is my first legal dispute, so your help is greatly appreciated. Thank you.

    I will post his statement when I receive it.

    Thanks,
    Adam

  4. #4

    Default Re: How to Contest Following (an Officer) Too Close

    Quote Quoting flyingron
    View Post
    100 yards is marginal at 60MPH.
    Assuming it was dry, 100 yards seems fine to me. I've always used the 3 second rule for following. 60mph is 88fps, so 264feet. less than 300ft. Seems safe to me.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Tailgating a Police Vehicle

    Had the OP had the sense to maintain a 100 yard distance, we wouldn't be having this conversation.
    Quote Quoting astranberg
    View Post
    When the police officer’s vehicle had encroached upon me (within two car lengths)....

    My vehicle never encroached upon Officer X’s vehicle closer than he encroached upon mine....
    It should go without saying that repeatedly pulling up within two or three car lengths of a police vehicle's bumper at highway speeds is a recipe for getting a ticket. If the problem is that other vehicles are speeding up and slowing down, all the more reason to pay close attention to the speed of traffic and maintain a safe following distance.

  6. #6

    Default Re: Tailgating a Police Vehicle

    Quote Quoting Mr. Knowitall
    View Post
    Had the OP had the sense to maintain a 100 yard distance, we wouldn't be having this conversation.

    It should go without saying that repeatedly pulling up within two or three car lengths of a police vehicle's bumper at highway speeds is a recipe for getting a ticket. If the problem is that other vehicles are speeding up and slowing down, all the more reason to pay close attention to the speed of traffic and maintain a safe following distance.
    The point is that the police officer never had anybody in front of him, yet was speedng up and slowing down. That indicates he was distracted.

  7. #7
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Tailgating a Police Vehicle

    Quote Quoting astranberg
    View Post
    The point is that the police officer never had anybody in front of him, yet was speedng up and slowing down. That indicates he was distracted.
    Or, maybe he was monitoring your behavior to see if your close approach was a one-off or habitual behavior.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tailgating a Police Vehicle

    Quote Quoting astranberg
    View Post
    The point is that the police officer never had anybody in front of him, yet was speedng up and slowing down. That indicates he was distracted.
    It makes no difference. You are required to maintain a safe distance regardless of the speed.

  9. #9
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Tailgating a Police Vehicle

    Read the Washington State Procedural Guide, file contested, request discovery, redact your personally identifiable information and post a copy of any response you receive.

  10. #10

    Default Re: Tailgating a Police Vehicle

    I will do.

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