Following Too Closely (Tailgating) in New York: NY VTL § 1129(a)
What is Following Too Closely?
In New York, tailgating, also referred to as "following too closely," is a traffic violation governed by New York Vehicle and Traffic Law (VTL) § 1129(a). This law mandates that drivers maintain a safe and adequate distance between their vehicle and the one ahead, considering factors such as speed, traffic conditions, and road safety. Following too closely is not only dangerous but can result in costly traffic tickets, fines, and points on your driving record.
Is Tailgating Illegal in New York?
Yes, tailgating is illegal under NY VTL § 1129(a). This law requires drivers to leave enough space so that another vehicle could safely fit between them and the car in front. Tailgating creates a risk of accidents, especially in the event of sudden braking, and is considered a ticketable offense.
If you have been ticketed for following too closely in New York, seek representation from an NYC tailgating ticket attorney at Gannes & Musico, LLP. Your initial consultation is FREE. Contact us online or by calling (877) 803-2603 today!
Understanding New York VTL § 1129(a)
The law explicitly states that the driver of a motor vehicle must not follow another vehicle more closely than is reasonable and prudent based on the speed of the vehicles and the condition of the road. The New York Driver’s Manual advises maintaining a two-second following distance to ensure sufficient space for sudden braking or other emergencies.
To gauge the appropriate following distance, the two-second rule is recommended. Simply choose a fixed point on the road, such as a sign or pole. Once the car in front of you passes it, start counting—"one thousand, two thousand." If you pass that point before you finish counting, you are likely tailgating and should increase your distance.
What Are the Consequences of a Following Too Closely Ticket?
If you receive a ticket for following too closely in New York, it can have several consequences:
- Fines:
- First offense: Up to $150
- Second offense: Up to $300
- Third offense: Up to $450
- Points on Your Driving Record: A conviction for following too closely adds four points to your license, which can lead to higher insurance premiums and possible license suspension if you accumulate 11 or more points within 18 months.
- Increased Insurance Rates: A violation of NY VTL § 1129(a) can cause your insurance rates to increase significantly, especially if the violation leads to an accident.
Following Too Closely Ticket: Cost & Points
A ticket for following too closely is considered to be a "serious traffic offense" in New York, which means that a conviction would add points to your driving record as well as incurred fines. Depending on the situation, the cost of a following too closely ticket could be substantial, and multiple offenses may lead to higher fines and additional points. The following too closely ticket NY points may stay on your record for several years, making it critical to seek legal advice.
Is Tailgating a Two-Point Violation?
No, tailgating is a four-point violation under New York law. If you're issued a ticket for following too closely (NY VTL 1129), you will receive four points on your license. Accumulating 11 or more points can result in the suspension of your driver's license.
Can You Get a Citation for Tailgating?
Yes, tailgating can result in a citation if a police officer determines you're following another vehicle too closely. If you fail to leave enough space between your car and the vehicle in front, you may be issued a ticket for following too closely. This could apply to any situation where you're driving too close to a car in front of you, whether it's in heavy traffic or at high speeds on the highway.
Can Tailgating Lead to an Accident?
Yes, tailgating can result in accidents. Following too closely reduces your ability to react in time if the car in front of you brakes suddenly. In such cases, you could rear-end the other vehicle and be held liable for the accident. Not only does this involve potential injury and property damage, but the accident could also lead to an increase in your insurance rates and legal consequences.
What is VTL 1129 and Why is It Important?
The VTL 1129 law is a crucial part of New York's traffic code that aims to ensure safe driving distances. By enforcing this rule, New York hopes to reduce the risk of accidents caused by tailgating, a common factor in rear-end collisions. If you are cited under VTL following too closely, it’s vital to understand the seriousness of the violation and the potential for significant fines, points, and insurance hikes.
What to Do if You Receive a Following Too Closely Ticket
If you’ve been issued a ticket for tailgating or following too closely, it’s essential to take action immediately. Seeking legal help can make a difference in reducing or eliminating penalties.
Our NYC tailgating ticket lawyers can assist by:
- Reviewing the circumstances of the violation
- Determining whether the ticket was issued unfairly
- Challenging the VTL 1129 violation if there is evidence that can help your case
An attorney can help you minimize the consequences of a following too closely ticket, potentially reducing the number of points or even having the charge dismissed.
Following Too Closely and Accidents: What Happens if You Cause One?
If you are following too closely behind a vehicle and cause an accident, the penalties can be more severe. Not only will you face a following too closely ticket and points on your license, but you may also be liable for damages resulting from the accident. Legal representation is crucial in these cases to help manage liability and minimize the potential consequences.
How A Lawyer Can Help With a Tailgating Ticket or Accident
Call Us 24/7 for Your Free Case Review
If you’ve been issued a following too closely ticket in New York, contact a New York City tailgating ticket lawyer from Gannes & Musico, LLP. Our team has over 30 years of combined experience in handling traffic violation cases. When you give us a call, we can review your case for free and discuss your legal options.
Call now at (877) 803-2603 to discuss your tailgating ticket with an attorney. Our firm is available to take your call 24/7.
