or unsafe driving. Legally speaking, tailgating is more serious than just careless driving. It turns out that the tailgaters often don’t realize they’re committing a traffic violation. There is no hard-and-fast rule as to how close is too close. Also, the widespread use of crumple zones in cars means even a low-speed collision can result in a costly insurance claim. However, she was able to prove via witness testimony and testimony of the other driver that the accident was not the result of driving too closely, but rather because the other driver had been swerving in and out of lanes after losing control of the vehicle. Why aren’t the cops enforcing it? Tailgating is when a driver drives behind another vehicle while not leaving sufficient distance to stop without causing a collision if the vehicle in front stops suddenly. Serve ranch dressing, celery, and carrot sticks on the side. ... That bastid is Tailgating so close to me they are up my ass like toilet paper. Thank you for writing this as it as directed me to Washington’s Driver guide and their four second rule. Get a Tailgating mug for your cat Nathalie. If there is little or no possibility of getting the ticket dismissed or being acquitted of a charge of tailgating, the next best option is to plead guilty with a civil reservation. By defining following too closely as “more closely than is reasonable and prudent,” much of what is considered tailgating is left to the discretion of the officer. THANK YOU, Doug Dahl for writing this article! It's rich, so serve in squares as an appetizer. New Jersey imposes a fine of $50 to $200 upon conviction for tailgating. Please keep all tables, chairs, coolers, barbecues, etc.  |  It seems like it’s happening all the time. 39:4-89. However, she was able to prove via witness testimony and testimony of the other driver that the accident was not the result of driving too closely, but rather because the other driver had been swerving in and out of lanes after losing control of the vehicle. Is tailgating considered careless driving? Rear-end crashes can cause serious neck injuries (or worse) to the driver and/or passenger(s) in the lead vehicle. In common terms, tailgating is careless behavior. The defendant was issued a ticket for tailgating as a result of the accident. If you are looking to keep the distance between yourself and other drivers at a safe distance, aim for 10 feet per 10 mph of speed. In some cases, it may not be possible to win a dismissal of tailgating charges outright. Tailgating is one of the most common security breaches. The people who enforce this law regularly have seen even closer, down near a quarter second. Further, the faster the cars are moving, the more time is needed to reduce speed. In other words, when it comes to tailgating and whether other vehicles are too close or too aggressive, there are no absolute fixed rules, at least not as far as individual perceptions are concerned. The driver of a motor truck when traveling upon a highway, outside of a business or residence district, shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another. The safe distance for following another vehicle varies depending on various factors including vehicle speed, weather, visibility and other road conditions. New York Speeding & Traffic Tickets – Out Of State License. Your email address will not be published. The officer testified he observed the tailgating over a distance of 300-500 metres, and saw the trailing car flashing its headlights in an apparent attempt to get the other vehicle to move over. Comment document.getElementById("comment").setAttribute( "id", "a6083dc89621bcdd4536f3c727bf514d" );document.getElementById("c91eb57bb1").setAttribute( "id", "comment" ); Notify me of follow-up comments by email. Even if the ticket is reduced via a plea bargain, the conviction could still potentially be used against the driver. Is it an epidemic? In case you’re not familiar with how to measure following distance, let me explain. This is where having a skilled traffic ticket attorney can be a real advantage. Another word for tailgate. If you’re not even looking at the road (texting drivers I’m talking about you) it’ll take a lot longer. This is known as a plea bargain and many prosecutors are willing to work with a driver (or preferably his/her attorney) to negotiate traffic tickets. How close is considered tailgating? Your own bathroom is clean, close, and you don’t have to wait in line. (If you already know it, you can skip to the next paragraph.) Dispose of trash in the appropriate receptacles. From breakfast sandwiches to hearty dips to one-bite salad wedges, these fun football foods offer something for everyone. In rare instances, drivers can be sentenced to 15 days in jail for tailgating in NJ. When an accident is associated with a tailgating ticket, it is even more imperative that the case be handled carefully. In driver’s education classes, many instructors teach students that they should be one car length behind the vehicle in front for every 10 mph of speed. Unfortunately, the statute that covers following other vehicles (39:4-89) does not describe a specific distance as “too close.” Here’s what drivers need to know if they have been ticketed for tailgating in New Jersey. By requesting a civil reservation, a driver is able to prevent a traffic conviction from being used in a related civil lawsuit, including a personal injury suit stemming from an auto accident. A suspended license is not listed as a penalty for tailgating. thank you for the column in the bellingham herald on tailgating. It is essential that you retain an attorney if you or someone you love has been ticketed for tailgating or any other serious traffic offense in New Jersey. Only gas cooking grills are allowed on the premises. So as long as you’re more than 1.5 seconds behind that vehicle you’re good, right? You can also open the tailgate using the key fob. An attorney will be able to determine the best possible strategy to minimize or eliminate the penalties associated with the ticket. The driver is following a lead passenger vehicle closely. A: I hear variations of this question a lot. That’s assuming the driver is paying attention. Be sure to consult with an attorney before deciding how to proceed. In many jurisdictions, tailgating is illegal and … The other is what’s known as the 3-second rule; the driver selects a random stationary object (tree, speed limit sign, etc.) The measure of ‘safe distance’ depends on the speed at which you are travelling, visibility and other road conditions. Required fields are marked *. Tailgating is a common citation issued to drivers following an auto accident. A two second following distance starts sounding like a risky minimum and that four second recommendation starts looking “reasonable and prudent.”. This lesson is not just about safety—it’s also about New Jersey’s tailgating law. But most states define tailgating (officially called “follow too closely” in many states) along the lines of: driving behind another vehicle more closely than is “reasonable and prudent” given the current circumstance, or failing to leave enough space in front of your vehicle so that another vehicle can enter the space safely. The cookout-inspired food mashup is as perfect served as a fun, grilled snack for guests (especially during tailgating season) as it is an easy, throw-together meal to use up leftovers from a weekend get-together. This disconnect shows that many drivers are not aware of what tailgating really entails. The new written warning system will work alongside police enforcement, using cameras to catch drivers who are too close for comfort. , two cars collided on a rainy day on the Garden State Parkway. A plea of guilty to tailgating can be used in a personal injury lawsuit as evidence that the tailgating driver was at fault in an accident and liable for any injuries or other damages. In other words, are we asking the impossible? There's A Law For That. It’s scary. However, in difficult road conditions, even this may be too close. Should You Get Your Speeding Ticket Deferred? Enjoy! Thus, getting convicted for tailgating can potentially raise premiums. The exact defense will depend on the unique circumstances of the case. However, in difficult road conditions, even this may be too close. Under most circumstances, a driver’s testimony is considered less reliable than that of the officer who issued the ticket. Steps. These easy tailgating recipes mix and match easily so that you can create the perfect game day menu. The dictionary defines an epidemic as “a widespread occurrence of an infectious disease in a community at a particular time.” I don’t think it’s infectious, but tailgating is a widespread occurrence happening right now in our community, so if two out of three is still a win, then yes, it’s an epidemic. Most drivers are taught the three-second rule or to keep one car-length’s distance per 10 mph. Perhaps you know some traffic engineers who might be able to calculate what our roads would look like if all drivers kept to the “assured clear distance”, a phrase I learned 60 years ago when I got my permit. 100 14. Tailgating is the act of driving to the vehicle in front on the front, at a given distance which does not guarantee that the car can stop to avoid collision if necessary. However, it is possible for one to have their license revoked under 39:5-31. Following a vehicle too closely limits the amount of time a driver has to slow down when the vehicle in front slows down. Tailgating is definitely a problem. New Jersey Office: 200 Broadacres Dr Suite #325, Bloomfield, NJ 07003 Tailgating from the comfort of your own RV is a win for you and your guests. It's still a party, after all. Due to the sequential parking by rows in the facility, patrons wishing to tailgate may do so, in the area directly behind their vehicle, provided that their tailgating does not interrupt the flow of traffic. Driving dangerously close to the vehicle in front of you as to not give the proper car lengths space to be able to stop in time. Albany, NY Office: 113 Great Oaks Blvd, Albany, NY 12203  |  This is known as a plea bargain and many prosecutors are willing to work with a driver (or preferably his/her attorney) to negotiate traffic tickets. . However, on wet roads or in inclement weather such as snow or fog, a greater distance may be needed. You are following too closely if you pass the mark before you finish counting. And while you're planning the breakfast tailgate menu, don't forget the fixings for Bloody Marys and mimosas. Rolling Coal: What It Is- And What's The Point? This surcharge will be billed annually for three years. Stadium tailgate patrol will manage the enforcement of the one car-one parking space policy. A: I hear variations of this question a lot. You can probably see where this is going; the cops are doing enforcement, but you wouldn’t know it based on the behavior of many drivers. by sizzlechest November 23, 2013. And if you, as a safe driver, stay further behind the person in front of you, oftentimes the person driving too close behind you will whip around you to fill in the space in front of you, as if to admonish you for leaving too much space. A driver who reaches 6 points or more on their license (easy to do with a tailgating ticket) will be obligated to pay a surcharge of $150 plus $25 for each point over six. Instead, it is worth considering when to negotiate with prosecutors to reduce the ticket to a lower-point or no-point offense, such as careless driving or unsafe driving. 39:4-89). A tailgating ticket is one of the more serious traffic tickets a person can get in New Jersey. Most drivers are taught the three-second rule or to keep one car-length’s distance per 10 mph. The actual distance depends on factors like weather conditions and speed, but the Highway Code recommends keeping at least 2 seconds behind the vehicle in front; 4 in wet weather. Dining: Outdoor tailgating at Whirlyball; City Works, Old Town Pour House close temporarily The Enlightened Caesar Salad is an option for Beatrix's new meal deals to … Tailgating – How Close is Too Close? How to open / close tailgate on BMW X5 Via button on tailgate. My state of Pennsylvania apparently also has a four second rule, but no one seems to know , Your email address will not be published. Can Postal Carriers Park Wherever They Want? This footage shows why you should never follow another vehicle too closely. For the most part, when a driver is being tailgated, the best advice is to stay calm and move to the right. within the area near your vehicle and the parking stall of your party. However, it is possible for one to have their license revoked under. Flag. Wisconsin law is clear on tailgating: "The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway." The content of this site is informational in nature and is not intended as legal advice. The tradition of tailgating around SEC football stadiums on Saturday mornings has blossomed from something that used to seem genteel to something that does seem booming. If the attorney has a good reputation, the judge will take his/her arguments seriously and likely weigh them equally to those of the officer. Yes, tailgating is a careless driving offence, and you could land yourself a fine of up to £200 or points on your license if you're caught by the police. That time is an average. Email Rosenblum Law or Call 888-883-5529 today for a free consultation about your case. It takes human drivers, on average, 1.5 seconds to respond to an unexpected hazard while driving. Here’s the scary part: the deputy I interviewed is able to keep busy only stopping drivers that are following at less than one second behind another driver. There is no hard-and-fast rule as to how close is too close. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on YouTube (Opens in new window). A few seconds is a pretty good trade for keeping yourself and others safer on the road. When following heavy vehicles or in less than ideal conditions, a longer distance is Most judges do not impose this penalty, but some may consider it if the driver’s actions are particularly heinous, he/she shows little or no remorse for his/her actions in court, or he/she has a long history of serious traffic offenses, among other reasons. Sounds like nobody has ever driven on I-5. People need to know just how long it takes a two ton vehicle to stop when it’s going 60 mph. tailgating (piggybacking): Tailgating, sometimes referred to as piggybacking, is a physical security breach in which an unauthorized person follows an authorized individual to enter a secured premise. You Can't Change Lanes in an Intersection, Or Can You? The closer the following car, the less time there is to react. Buffalo, NY Office: 1397 Kensington Ave #1/2, Buffalo, NY 14215 (I should mention that while I, and most people, use the term “tailgating,” the legal term is “following too closely.”)  Last year over 300 crashes in Whatcom County were attributed to following too closely. Find more ways to say tailgate, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. Instead, it is worth considering when to negotiate with prosecutors to reduce the ticket to a lower-point or no-point offense, such as. Some RVs even have a guest bathroom, perfect for friends at your tailgate. Tailgating means you’re not keeping a safe distance between your vehicle and the vehicle in front. The lawyers at Rosenblum Law are skilled defense and traffic ticket attorneys who can help you mitigate or avoid the worst consequences. 39:4-89), By: Adam H. Rosenblum Esq. A licensed attorney should be contacted if legal advice is sought. All guests must follow the directions and instructions provided by stadium personnel (parking staff, security, police, etc.). Tailgating carries a serious risk of a collision and potential insurance claim. Assuming road conditions are normal and the weather is clear, most drivers can use one of two metrics to ensure they are not “too close.” One is the car length/10 mph distance mentioned above. Count the seconds it takes you to reach the same spot. Judges take a charge of tailgating seriously and do not look kindly on drivers who take those kinds of risks. When an accident is associated with a tailgating ticket, it is even more imperative that the case be handled carefully. Home » New Jersey Legal Matters » New Jersey Traffic Tickets » Following Too Closely (Tailgating) in New Jersey (N.J.S.A. If the answer is not “ten feet,” then how close is too close? New Jersey’s Motor Vehicles Commission (MVC) considers tailgating to be a serious violation and adds 5 points to the license of any driver convicted of this violation. If you feel there is a driver who is following you too closely, you can try a number of things to resolve the situation and make things safer. In other words, the judge feels the driver is deliberately breaking the law for some reason. People drive way too close to each other even in pouring rain. We get an average from a bunch of results; some are more and some are less than the average. It seems like it’s happening all the time. If you plan on throwing a party, you'll need a grill, gear, entertainment and a positive attitude. It starts out innocently – an employee opening a door and holding it open for others, visitors without badges, or the passive acceptance of a uniformed worker.The problem with these lax situations is that they open your building to undocumented and unauthorized entry by individuals who could intend harm to your property and occupants. In other words, the judge feels the driver is deliberately breaking the law for some reason. Following; space between trucks reads as follows: The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway. If you are a driver that hasn’t given much thought to following distance, I challenge you to measure it on your next drive. Tailgating is driving too closely to the vehicle in front—and making it likely that you’d crash into the back of them if the driver was to suddenly stop. An experienced attorney will also know how to question an officer to draw out inconsistencies and his/her testimony. It’s definitely NOT 10 feet. The closest one I saw in my short time with him was a half-second. NYC Office: 40 Wall St Suite 3602, New York, NY 10005 are skilled defense and traffic ticket attorneys who can help you mitigate or avoid the worst consequences. The defendant was issued a ticket for tailgating as a result of the accident. For example, in La Mandri v. Carr, two cars collided on a rainy day on the Garden State Parkway. and counts the number of seconds from when the vehicle ahead reaches the object to when the driver’s vehicle reaches it. ... and most grocery stores carry it near the steak and BBQ sauces.  |  A suspended license is not listed as a penalty for tailgating. The Revised Code of Washington states that “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent.” That answer may seem nebulous, but “reasonable and prudent” fits with where I’m going. Which scenario more closely describes your morning commute? . For some fans, tailgating is essential to the gameday experience. There are many ways to defend against a tailgating ticket in New Jersey. When drivers were asked about safe following distances, responses included “I don’t know” and “ten feet.” We tend to think of tailgaters as aggressive drivers, but most of the time they’re unaware; equally dangerous but without the hostile motive. The closer you travel to the vehicle in front, the less you can see of the road ahead. Get recipes, including dips, chili, burgers, and easy desserts. Tailgating is a common citation issued to drivers following an auto accident. Call Us for a FREE Consultation: 888-883-5529. 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