Charged With 39:4-89 Tailgating or Following Too Closely Ticket In NJ You Will Get 5 Points On Your License
Tailgating NJSA 39:4-89 also known as Following Too Closely is a serious offense in the State of New Jersey and carries 5 points. 5 points is the same amount of points you would get if you were charged with Reckless Driving an offense which many states consider a criminal offense. Don't let the 5 points assessed for a Tailgating Ticket (Following too closely) ruin your clean record, increase your car insurance rates and cost you money. We have a 98%* success rate of reducing and or eliminating the points and penalties this ticket carries. Learn how we can help you win, setup your free in office consultation at 800-974-4487 and start saving money today.
The Four Most Important Elements in regards to a Following to Closely ticket in NJ are:
- The Speed of your vehicle
- The Weather
- The Traffic on the Road
- The Distance Between You and the Vehicle in Front of You.
When charged with a Tailgating or Following too Closely ticket in NJ, a judge will also look determine whether a driver would have had enough time to perceive the possible future chance of an accident this is called prt (perception and reaction time). Perception is the time we need to see and have our brain process the roadway hazard. Reaction time is the time needed for a driver’s body to react to their brain’s perception. According to the American Association of State Highway and Transportation Officials, it takes alert drivers approximately two seconds to see a roadway hazard and react to it. The more space a driver allows between their vehicle and the vehicle in front of them, the more time they have to see a hazard and react safely. Approximately 25% of all accidents are reported to involve tailgating with a rear end accident. Thus, the reason why NJ imposes 5 points for this ticket upon a conviction. This is the same amount of points a driver gets if he had a reckless driving ticket! Your insurance can easily increase by thousands of dollars upon a conviction.
In New Jersey for Insurance purposes it takes 3 years from the date of your violation/conviction for the points to be eliminated off your insurance. That is why a conviction for this offense should be fought with proper legal representation. You could pay up to $5,000 in increased insurance costs over the next 3 years
For Tailgating or Following too closely tickets Marked Mandatory Court Appearance: In addition, to the 5 points you could also receive up to 15 days in jail. (note that unless your offense involves an accident or a mandatory court appearance it is very rare, but possible for a judge to impose jail). In addition to possible jail for tickets marked mandatory court appearance, the judge does have the discretion to suspend your license. If you lose your license either because you have accumulated too many points or because the judge feels that your violation warrants a suspension, you could lose your job, your house and all that is important to you! Don't go it alone we can help.
Call our office at 1-800-9-RIGHTS or (732) 257-5040 to setup a free in office consultation to find out how we can help you reduce or eliminate these penalties. You can win this case with the right defense, but you must know them. Attorney Aalsberg has helped over 11,000 clients let us help your eliminate the points and penalties with your ticket.
NJ Tailgating Facts :
- Except for speeding tailgating or following too closely is the 2nd leading cause of accidents.
- In order not to tailgate you must be at least 3 seconds behind the vehicle in front of you plus an additional second for each 10mph over 40.
- To not tailgate, you must double the distance or time when it is wet or conditions otherwise make the
road hazardous to drive on.
- CDL Drivers must add an additional second to the above rule. It is not a defense to tailgating in NJ that traffic was heavy.
General Rules for Driving:
A Tailgating case will always be based on: Could the average car or truck in an emergency stop in time without hitting the vehicle in front of him? This means that you must maintain a distance of at least 3 seconds behind any vehicle and six seconds for any truck or if you are driving in bad weather!
Additional Possible Penalties:
Under NJSA: 39:5-31: A judge may suspend the driving privileges of any person he/she deems to be guilty of a “willful violation” of the law. In simplified layman terms this means that, if the driver knew or should have known, what he/she was doing was illegal or improper, (example running a red light or speeding double the limit or 30mph or more over the limit etc.) the judge may issue a license revocation or suspension to that person even if the particular statute has no provision for a license suspension.
A suspension under 39:5-31 is generally only given by a judge when a ticket is either:
- Marked with a mandatory court appearance or
- When an accident occurs as a result of the ticketed persons actions or
- If the person has a bad past driving record. (points may go away over time, but the violation stays on your record for life)
Accordingly, If your ticket is marked mandatory court appearance, do not try to handle this ticket yourself, put the experience of Attorney Aalsberg to work for you to help reduce or eliminate any possible license suspension. Attorney Aalsberg has a 98%* Success rate to win, reduce or eliminate the penalties for all NJ traffic ticket charges.