Tailgating & Following Too Closely in NJ
Tailgating or following too closely is considered the second leading cause of accidents on New Jersey roads. Serious accidents involving rear-ending occur when vehicles follow too closely even in heavy traffic. Therefore, tailgating in New Jersey is considered a serious offense. Tailgating is covered under New Jersey law N.J.S.A 39:4-89. The tailgating traffic law states that:
- A driver may not follow another vehicle closer than is considered “prudent and reasonable.” A violation occurs when a driver follows another vehicle closer than is considered reasonable depending on the speed of the vehicles, the amount of traffic on the road and the conditions of the road they are driving on.
- If you’re driving a truck outside residential or business districts, you may not follow another truck less than 100 feet in front of your vehicle.
- New Jersey law requires that vehicles maintain a distance of at least 3 seconds (or 1 car) between them. You should maintain an additional second between you and the leading vehicle for each 10mph when driving over 40mph. The law applies even where traffic is heavy.
A violation is determined ultimately by the officer present and the judge who consider several factors in making their decision, which include weather conditions, the condition of your car, the speed of the vehicles, the condition of the road and the amount of traffic on the road at the time.
Tailgating Traffic Ticket in NJ
Tailgating is considered a serious violation in New Jersey. Therefore, if you commit this offense, five points will be added to your driving record. These points are also added to your insurance as part of the “insurance eligibility points” system. Consequently, your insurance rates will be higher as a result of the increased points, which can take three years to eliminate. In addition, you may get up to 15 days behind bars if found guilty.
Tailgating Ticket Cost in New Jersey
Fines for tailgating differ depending on environmental factors such as where the offense took place. However, the minimum fine for tailgating is $85. If the violation occurred in a 65mph zone, construction zone or a designated safe corridor, the fine could go up to $140.
If you get more than six points on your driving license within three years, you will have to pay a $150 surcharge and an additional $25 per point beyond the first six points. Also, you will have to pay the fines and penalties that the court orders. Ultimately, 12 or more points will result in suspension of your driver’s license.
New Jersey Traffic Lawyer
You may also face additional penalties if the violation occurred less than 1000 feet from a school crossing zone or school property. The judge may also order the suspension of your license if your violation is considered willful. In addition to the fines imposed by the court, your insurance rates will increase over the next three years, escalating up to $4500.
Are you facing a tailgating charge in New Jersey? There are various possible defenses for tailgating. The defense used will depend on the unique circumstances surrounding your case. While many tailgating tickets are straightforward, it is a great benefit having a New Jersey traffic offense attorney to assist you.
The Law Office of Benjamin Friedman offers guidance to traffic law violators. If you’re facing jail time, losing your driver’s license or paying a large fine due to a tailgating charge, contact Benjamin Friedman today. Increase your chances of a just outcome with an experienced traffic offense attorney at your side.