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  1. #1
    Join Date
    Jan 2010
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    Default Ticketed for Driving Too Close Following a Three Car Rear End Collision

    My question involves a traffic accident in the State of: Washington

    My mom is contesting a ticket she received following a three car accident on the freeway. The ticket is for driving too close. She was at fault for the collision (rear-ended the car in front of her who rear-ended the next car). It was raining and traffic was stop and go. Traffic started to speed up and she was driving about 35 miles when she hit stalled traffic. She was unable to brake in time and hit the car that was stopped in front of her.

    We were wondering if it is a valid argument (to fight the traffic violation in court) to say the accident was not caused by her following the car in front of her too closely (which by the way was not witnessed by the citing officer) but was caused b/c traffic was at a complete standstill and she did not brake in time. Can she be cited for following too closely when that is not what actually happened (even though she did cause the accident)?

    Any advice would be great!

  2. #2
    Join Date
    Jan 2007
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    204

    Default Re: Ticketed for Driving Too Close Following a Three Car Rear End Collision

    Quote Quoting aly75
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    My question involves a traffic accident in the State of: Washington

    My mom is contesting a ticket she received following a three car accident on the freeway. The ticket is for driving too close. She was at fault for the collision (rear-ended the car in front of her who rear-ended the next car). It was raining and traffic was stop and go. Traffic started to speed up and she was driving about 35 miles when she hit stalled traffic. She was unable to brake in time and hit the car that was stopped in front of her.

    We were wondering if it is a valid argument (to fight the traffic violation in court) to say the accident was not caused by her following the car in front of her too closely (which by the way was not witnessed by the citing officer) but was caused b/c traffic was at a complete standstill and she did not brake in time. Can she be cited for following too closely when that is not what actually happened (even though she did cause the accident)?

    Any advice would be great!
    Then the charge might be 'failure to maintain control'. And, you are aware that the proper following distance is 1 car length per 10 miles per hour? So if she did rear-end the vehicle in front of her she must have been following too closely.

  3. #3
    Join Date
    Jan 2010
    Posts
    8

    Default Re: Ticketed for Driving Too Close Following a Three Car Rear End Collision

    She is certain she was not following too closely. However I realize that is not a good argument. Essentially anytime a person rear-ends someone else, does that simply mean there is no argument against following too closely by the simple fact that they rear-ended someone else?

    The driving conditions were dark and rainy, and she just didn't stop in time when the car in front of her stopped suddenly.

    Can the ticket be dismissed on a technicality then? The officer's notes states that the accident took place in a different location on the freeway from where it actually took place. (i.e. it took place before Exit #5 but the police report stated it took place on Exit #6).

    She has a clean driving record and just wants to try to get it dismissed if possible since her insurance is already going up due to this accident. Is there any way to do so?

    What are the options for dismissal besides the officer not appearing in court when subpoenaed?

    Thanks for any advice!

  4. #4
    Join Date
    Jan 2010
    Posts
    8

    Default Court Date for Traffic Ticket - Any Advice

    Traffic Accident in the state of WASHINGTON

    This is a followup to a previous question (see below)

    Original post: My mom is contesting a ticket she received following a three car accident on the freeway. The ticket is for driving too close. She was at fault for the collision (rear-ended the car in front of her who rear-ended the next car). It was raining and traffic was stop and go. Traffic started to speed up and she was driving about 35 miles when she hit completely stalled traffic. She didn't brake in time and hit the car that was stopped in front of her. (and caused a three car accident)

    According to a senior member:
    "And, you are aware that the proper following distance is 1 car length per 10 miles per hour? So if she did rear-end the vehicle in front of her she must have been following too closely."

    My followup question is:
    She is certain she was not following too closely. However I realize that is not a good argument. Essentially anytime a person rear-ends someone else, does that simply mean there is no argument against following too closely by the simple fact that they rear-ended someone else?

    The driving conditions were dark and rainy, and she just didn't stop in time when the car in front of her stopped suddenly. The officer came after the fact and issued the ticket after they pulled over to the side of the road.

    Can the ticket be dismissed on a technicality then? The officer's notes states that the accident took place in a different location on the freeway from where it actually took place. (i.e. it took place before Exit #5 but the police report stated it took place on Exit #6).

    She has a clean driving record and just wants to try to get it dismissed if possible since her insurance is already going up due to this accident. Is there any way to do so? What are the options for dismissal besides the officer not appearing in court when subpoenaed? She's not arguing that she wasn't responsible for the accident, just that the ticket issued was incorrect.

    Also, if found guilty, can she then request traffic school at the end of the trial since her record is clear?

    ANY ADVICE WOULD BE GREAT! She is very nervous b/c she doesn't speak English very well (requested a translator) and has never been to court before.

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