However, you could also be stopped and charged with following too closely, even if there was no accident. The officer could suspect you for a DUI or other crime and use this charge as a reason to stop you.
Steps to File How Much Does a Lawyer Cost? When clients ask, "how much does a lawyer cost," the answer can vary from $50 to $1000 or more per hour. But if you're facing a legal issue, working with a lawyer is very helpful and can affect the outcome of the case.
While we would need to meet to discuss your case specifically, here are a few examples of how a north Georgia “following too closely” charge might be handled: Plead not guilty and win the case.
Flat fee: a lawyer may offer a flat fee for a specific, simple, and well-defined legal case. Examples of cases eligible for flat fee billing include uncontested divorces, bankruptcy filings, immigration, trademarks , patents, and wills. Before agreeing to a flat fee, make sure you understand what is covered in the agreement.
Penalties for Following Too Closely Typically, drivers who are convicted are looking at having to pay a fine of about $100 to $500 or so and having demerit points assessed to their driving record. And in some states, a tailgating ticket can also lead to jail time, though it probably isn't common.
Tailgating and follow-too-closely violations and possible defenses. When another driver is tailgating you, it's certainly annoying. But following another vehicle too closely can also result in a traffic citation.
Following too closely is also a misdemeanor offense carrying a potential fine of up to a maximum of $1,000. Since it is a misdemeanor, you might also be placed on probation for up to 12 months.
Count to yourself, “one-thousand and one, one-thousand and two,” etc. If you reach that same stationary point before you finish counting to at least one-thousand and two, you are following too closely.
What are the penalties if I follow too closely in California? Drivers that follow too closely on a California roadway will receive: A fine of $238; and, One point assessed to the driver's DMV driving record.
A brake check is an illegal act and highly dangerous. Not only could this dangerous driving result in an accident causing serious injury or death, it can also have a financial burden if your vehicle is damaged and your insurance premium rises.
3 pointsThe Penalty for Following too Closely in Georgia Whether or not an accident occurred from following too closely, the violation will add 3 points to your driving record. While three points does not seem substantial, an accumulation of 15 points in a 24 month period will result in your license being suspended.
two yearsIn Georgia, points remain on a driver's record for two years. However, they drop off at the two-year mark from the exact date each point was added. That means if you receive more than one ticket at different times, some points may come off sooner than others.
15 pointsHow many points will suspend your license? A driver with 15 points in a 24 month period will have their license suspended. Licensed Georgia residents may request that the Department of Driver Services reduce the number of points assessed against their Georgia driver's license.
three secondsMany drivers follow the “three-second rule.” In other words, you should keep three seconds' worth of space between your car and the car in front of you in order to maintain a safe following distance.
Use the 4-second rule. For the average large vehicle, the 4-second rule is the best way to make sure you're not following the car in front of you too closely. To utilize this rule, pick a stationary object up ahead. This could be a road sign, a tree, or even a piece of tire on the shoulder of the highway.
Safety experts recommend a minimum of two seconds between cars. Watch for the car in front of you to pass a signpost or other marker, then count two seconds off slowly. If you pass the marker before you're done counting, slow down and leave more space. Always take weather and road conditions into account, too.
Following too closely ordinarily is a minor misdemeanor. The potential penalty for a minor misdemeanor traffic offense includes the imposition of a fine of up to $150, up to 30 hours of community service and court costs.
Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines and potentially having to do it all over again if the case is continued.
The officer could suspect you for a DUI or other crime and use this charge as a reason to stop you. And, if convicted, you will get three points on your license, a fine (typically for first-timers, about $175), plus possible court costs. Commercial drivers could face even more problems.
When you enter the court, the judge will run the show. He or she will ask all the questions after having everyone sworn in. First, the police officer will read his/her accident report. Then the questions will begin, including the officer, any witnesses or others and, of course, you.
Georgia Code 40-6-49 spells out exactly what constitutes following too closely and provides both a definition and specific details.
Most often, the ticket is written when you rear-end another vehicle and there is an accident report. However, you could also be stopped and charged with following too closely, even if there was no accident. The officer could suspect you for a DUI or other crime and use this charge as a reason to stop you. And, if convicted, you will get three ...
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If the lawyer is not willing to discuss the costs with you, it's a sign of poor client service.
A lawyer who charges more per hour may have more experience with cases similar to yours. Attorneys who are just starting their practices might charge less, but a lower fee often comes with less experience. But you should also avoid going into serious debt by hiring a lawyer you can't afford.
Courts may limit contingency fee percentages. The average ranges from 25 to 40 percent . Contingency fees may be negotiable. Referral fees: if a lawyer doesn't have a lot of experience with cases like yours, he or she may refer to you another lawyer who does.
Flat fee: a lawyer may offer a flat fee for a specific, simple, and well-defined legal case. Examples of cases eligible for flat fee billing include uncontested divorces, bankruptcy filings, immigration, trademarks , patents, and wills. Before agreeing to a flat fee, make sure you understand what is covered in the agreement.
Because a criminal case is often more intricate, pricing with contingency fees doesn't really make sense. Serious criminal cases often require multiple legal proceedings, such as the preliminary hearing, jury selection, trial, writs and appeals, and sentencing, so the process can take months.
A criminal lawyer's hourly rate will depend on multiple factors, which may include: The reputation of the lawyer and/or firm. The complexity of your criminal charges. The lawyer's level of experience. The location (hourly rates are typically higher in large cities)
If these aren't included on the written estimate, make sure to ask. You might end up with a separate bill, unless your attorney absorbs the extra fees into the total bill. It's also important to make sure that the cost of the lawyer is worth the overall cost of the case and what you could recoup.
Try to convince the judge to keep the infraction off your record. For instance, in the right circumstances, you could offer to attend traffic school or some other deal. Bring proof that your insurance company has already paid the damages.
To be honest , this is almost impossible if you rear-ended another vehicle and caused property damage, but it is always a possible defense. However, sometimes, this is the best option. Prove there were circumstances beyond your control that caused it.
In brief, the answer to your question is: yes, there are many ways to fight this kind of charge, especially if you think that certain circumstances will act in your favor. As an Alpharetta traffic violation attorney, I work with many people like you.
You weren't following too close? How then, did you hit another car in the rear end? Circumstantial evidence is allowed, but you likely already knew that. Good luck representing yourself at trial. By the way, if convicted, your insurance could double, triple, or even be cancelled.
You are putting a lot of thought into this ticket. Feel free to contest it and demand a trial. However, that is going to cost you some money to pay a lawyer for trial. The easier, more inexpensive route, is to hire an attorney, provide proof of restitution/insurance, and get the ticket amended so it does not appear on your driving record.
If it was a rear-end collision then you would probably be fighting an uphill battle. Also, it is often more expensive and risky to proceed to trial than it is to negotiate a deal with the prosecutor that lets you avoid points and the record of conviction for a moving violation.
I agree with Mr. Jett. Hire counsel and get a reduced charge, in all likelihood. Meanwhile, understand that this "following too closely" charge is the norm for folks who have an accident. You'll normally have to produce proof that your insurance is involved and will cover the claim.
You will most likely want to hire an attorney to help you with this charge. Often times an attorney can help you avoid points on the ticket if you pay a fine and provide proof that your insurance paid the property damage to the other vehicle. If you go to trial and lose you will not only have the points but also a fine to pay.