New Jersey Tailgating

Were you cited for tailgating?

Following too close, or "tailgating," in violation of N. J. S. A. 39:4-89, carries serious penalties in New Jersey. Tailgating is charged when a police officer believes a driver has not maintained the proper separation between his or her vehicle and a vehicle traveling ahead of the driver's vehicle in the same lane of travel. The statute provides, in part, that: "The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and conditions of, the highway. Clearly, the statute vests considerable discretion in the police officer in deciding the minimum separating distance that is reasonable and prudent under the circumstances.

If you have been ticketed for tailgating, contact a New Jersey criminal defense attorney from The Law Offices of Allan Marain for skilled and experienced legal counsel for any traffic charges you may be facing.

New Jersey Criminial Defense Lawyer

A tailgating conviction carries a fine of from $50 to $200. The fine will be doubled when the violation occurs in a construction zone or safe corridor zone, or in a 65 MPH speed zone. A jail term of up to 15 days may also be imposed. A Court also has the power to suspend an operator's driving privileges for tailgating if the Court finds that the offending conduct was "willful." The more flagrant the conduct, the greater the likelihood that the Court will find the conduct willful. The Court can also consider the operator's driving history in deciding whether to impose a jail term or whether a license suspension will be imposed. The Motor Vehicle Commission, (MVC) formerly known as the Department of Motor Vehicles, (DMV) will assess 5 motor vehicle penalty points for a tailgating conviction, and the operator's insurance company will also impose 5 insurance eligibility points.

If there is a conviction, depending on the driver's history, the Motor Vehicle Commission may seek to suspend the driver's license even if the Court does not do so. The insurance eligibility points may also result in a substantial increase in insurance costs. Therefore, in deciding how to deal with a tailgating charge all defense options should be explored, especially when the alleged conduct is flagrant, and when the 5 motor vehicle points could put the driver's license at risk because of the his or her driving history. See: License Suspension.

Given the technology present in today's patrol cars, it is not uncommon for the police officer issuing the ticket to have videotaped the driving cited as tailgating. The defense of a tailgating charge requires a careful examination of all records detailing the police officer's account of the incident, including any videotape of the incident, and all of the circumstances leading up to the charge from the driver's point of view. If after doing this it is determined that the police may not be able prove the charge, a trial may be warranted. However, if it is determined that for whatever reason it would be best to avoid a trial, then alternate resolutions that avoid or minimize penalties described above should be explored. This can sometimes be accomplished through a guilty plea to a different or reduced charge.

It is very important to recognize that if tailgating was charged in connection with an accident involving personal injury or property damage, a guilty plea or finding of guilt can be used to hold the driver responsible for any loss. This can have serious financial consequences for the driver. Therefore, steps should be taken to try to resolve the case in a way that guards against this outcome.

Our firm is staffed by highly experienced attorneys, and services clients in Middlesex, Monmouth, Mercer, Union and Somerset counties. Middlesex County and New Brunswick. Attorney Allan Marain is a former Assistant Deputy Public Defender in Middlesex County and Attorney Byrne is the former head of the Public Defender's offices in Morris and Ocean counties. We invite you to contact us to schedule a free consultation, including a discussion of your circumstances, the facts of your case and potential defense options. We care about our clients and seek to obtain a successful outcome in every tailgating case.

The discussion of tailgating above is for general information purposes only, and is neither legal advice nor a suggestion of a particular outcome in a specific case. Legal advice can be acquired only by consulting with an attorney.

Contact a New Jersey traffic ticket attorney for qualified legal counsel and representation if you have been ticketed for tailgating.