Unfortunately, tailgating is a common occurrence in the Atlanta area; however, it can be difficult for a police officer to solidly prove that a vehicle was following too closely. For these two reasons, it is somewhat unusual for a driver to be pulled over and charged solely for following the vehicle in front of it too closely. More often, these tailgating charges are paired with certain incidents, accidents, and assumptions:

  • You were involved in a rear-end accident. A significant number of following-too-closely citations comes after a fender-bender or other rear-end accident. In most cases, the person who struck the rear end of the vehicle ahead of them is found at fault for the accident.
  • An officer suspects you of driving under the influence. In Georgia, a police officer cannot pull you over without reason, even if they believe you may be driving under the influence of drugs or alcohol. If an officer is looking for a reason to stop on suspicion of DUI, they may pull you over for tailgating to assess your appearance and speech.
  • You are speeding or driving recklessly. Following-too-closely is often paired with other aggressive driving citations, such as excessive speed or reckless driving. If you are weaving in and out of traffic, traveling too fast for conditions, or driving at a higher rate of speed than the cars around you, you are likely following too close as well.

It is certainly possible to fight your following-too-closely charge in court. However, the approach your or your attorney will take in your defense will likely differ depending on exactly how and why the charge came about. To learn more about your potential tailgating case and to speak with a Georgia traffic violation attorney, call Scott Miller today: 770-408-1001. 

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