I got a ticket for "Following too closely". The ticket says the weather was rainy but I have weather reports stating otherwise. What are my chances of fighting and winning based on that, in Texas?
by 
theamazingmaleeni
ANSWERS: 5
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I dont know, isnt the death penalty standard for this type of offense in Texas? Just kidding. I dont think a mistake on the weather report will stand much ground in court.
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The accuracy of the weather report may be helpeful, but you must have at least all the details that the officer has in his/her notes with the same level of objective accuracy. Can you answer these questions? What was the distance between you and the car in front of you? What speed were both cars traveling? For how long were you observed by the officer? Were you gaining on the car in front of you or was it moving away from you. What weather conditions did you observe? What were the road conditions? Did you, at any time, have to apply breaks quickly to avoid hitting the car in front of you? If so, how far did you skid? Be sure that the officer is prepared to testify about all of these matters as an expert witness. If you believe that you were right, that you were driving at a safe speed, and that the distance between you and the car in front of you was adequate based upon the 2-4 second rule (which you really must understand before going to court), then give it a shot. The worst that can happen is losing.
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Thriftymaid It wasn't an accident report; it was a ticket. The weather has nothing to do with following too closely.
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I don't know since when he was following me, but at the location mentioned in the citation, I was accelerating from a red light, then passed all the cars in front of me (1 or 2). In fact, from the moment he turned on the sirens to the moment I stopped, there were no cars in front of me. By assessing the speeds (approx 40 mph) I think my distance was appropriate at all times (2-3 second).
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Even if the officer made a mistake on the rainy weather situation, whats that got to do with your traffic violation of following too closely? Sounds like you are looking for any excuse to avoid the main issue here, your traffic violation. If you are guilty, then attend the four hour defensive driving course and leave the weather out.
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Zero. It's illegal to follow too closely regardless of what is happening weather wise. Tickets and accident reports state weather conditions simply to support conclusions that might be made. Drive safely and don't try to get out of your responsibilities. This shows a lack of character.
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