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Following too closely in Alabama...

On Lawyer & Legal » Traffic Law

5,121 words with 4 Comments; publish: Tue, 31 Mar 2009 12:30:00 GMT; (80093.75, « »)

The state is: ? Alabama. I recently got a ticket for following too closely and not wearing a seat belt. Here is the situation. I got onto I-85 and was on the phone. After noticing that the car in front of me was going below the posted speed limit, I decided to enter the left lane to pass him. Upon entering the left lane, I ended up behind a blue pickup truck. However, after passing the two slow cars that were in the right lane, the pickup truck down-shifted. Since he down-shifted, I did not see any brake lights. So, I started to slow down only when I was really close to him. Immediately, the former of the two slow cars turned on his lights (undercover Chevrolet Tahoe). He pulled me over and gave me the aforementioned tickets. Should I go to court with this story? Does he need to have a camera to show that he saw all of this? How long does a law enforcement officer have to witness a vehicle following too closely to another vehicle for it to be accepted by the court? What do I do guys?

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  • 4 Comments
    • Quote:
      === Original Words ===

      I recently got a ticket for following too closely and not wearing a seat belt. Here is the situation. I got onto I-85 and was on the phone.
      First mistake.

      Quote:
      However, after passing the two slow cars that were in the right lane, the pickup truck down-shifted. Since he down-shifted, I did not see any brake lights. So, I started to slow down only when I was really close to him.
      Because you were on the phone?

      Quote:
      Should I go to court with this story? Does he need to have a camera to show that he saw all of this? How long does a law enforcement officer have to witness a vehicle following too closely to another vehicle for it to be accepted by the court? What do I do guys?
      What planet are you from, pray tell? None of this applies to what you've already admitted is a violation of the law. You just got caught at it.

      Even if Alabama allows it, I'd suggest you not talk on the phone while you're driving. You've seen some of the consequences. Learn from them, grasshopper.

      #1; Wed, 01 Apr 2009 09:08:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state (only U.S. law)? Alabama. I recently got a ticket for following too closely and not wearing a seat belt. Here is the situation. I got onto I-85 and was on the phone. After noticing that the car in front of me was going below the posted speed limit, I decided to enter the left lane to pass him. Upon entering the left lane, I ended up behind a blue pickup truck. However, after passing the two slow cars that were in the right lane, the pickup truck down-shifted. Since he down-shifted, I did not see any brake lights. So, I started to slow down only when I was really close to him. Immediately, the former of the two slow cars turned on his lights (undercover Chevrolet Tahoe). He pulled me over and gave me the aforementioned tickets. Should I go to court with this story? Does he need to have a camera to show that he saw all of this? How long does a law enforcement officer have to witness a vehicle following too closely to another vehicle for it to be accepted by the court? What do I do guys?

      **A: yes, go to court with the story. Most likely the judge and prosecutor will laugh and say nice story.

      #2; Tue, 31 Mar 2009 12:34:00 GMT
    • If you try to have this dismissed in court, which in Alabama there is a $153.00 fee to do so, you will be wasting your time. You failed to perform your duty of care and was negligent in that you weren't wearing your seatbelt and was talking on the cell phone while driving--on an interstate at that. Both of those violate the safety of you and others. The judge is not going to believe your story because of your previous negligence of not wearing a seatbelt and using a cellphone while driving. At times on busy interstates the posted speed limit may be drivin slower by motorist because of the traffic. This is common knowledge. So following to closely in Alabama is a 155.00 fine, please refer to section 32-5A-89 of the Code of Alabama 1975. Not wearing your seatbelt is a 10.00 fine. Cell phone use while driving is not yet banned in AL but is considered an act of neglicence. You matter as well just pay the ticket not only will you lose but you will have to pay the court fee of 153 and the ticket.
      #3; Fri, 03 Apr 2009 14:27:00 GMT
    • To answer that last question, no he doesn't need a camera. All he needs is to testify. Your own testimony won't trump his (and given the story you gave above, it will just reinforce your guilt).
      #4; Wed, 01 Apr 2009 10:47:00 GMT