Should I fight this ticket?

Question

A few weeks ago I was driving home and started to speed up to pass a slow moving car in front of me before the curve a little bit ahead. (I was still going under the speed limit.) A car came around the curve and I started to slow down since I couldn't yet pass. Turns out this was a state trooper. They saw how close I was to the car ahead and turned around and pulled me over. I even told him that I was getting ready to pass when he came by and he still gave me a ticket for tailgating the car ahead. Is there any chance I could beat this ticket if I fight it?

Libraryanna · Accepted Answer

With a cop as witness? I don't think so. You are lucky you didn't get a ticket for unsafe passing, far more serious. It was your fault because you didn't pass when it was clear, you passed when approaching a curve. 

You were tailgating and you have to do that because you were doing an unsafe pass.

You have no excuse, so what is the point of fighting it?

deesnuts · Answer

YES!
fight the ticket.

Quique · Answer

I don't think so.  Passing near or just before a curve is a written safety rule in most DMV's.  Notice I said rule not law.  So since its probably not a law the officer got you for the next best thing.  Following too close.  Its usually one car length for every 10 mph.

This is probably not what you wanted to hear but if you insist on challenging the officer on this point you will probably end up looking foolish in the court.

Sincerely, Q.

tonalc2 · Answer

Couldn't hurt to try; sounds plausible to me.

Anonym · Answer

Nope.

Tailgaiting is against the law, doesn't matter what the circumstances are.
You don't need to tailgate a car to pass it.

Should I fight this ticket?

5 Antworten