User login
Newsletter
Stay informed about site updates!
Following too Closely
We live in Alberta and my son has his Graduated Driver's Licence. He was given a following too closely ticket in Fernie which he wants to fight. He was driving when the vehicle in front of him braked unexpectedly (which was because they saw the police vehicle). My son quickly braked and did not hit the vehicle in front of him. The police officer turned on his lights and my
son pulled over. The police office asked him why he pulled over so quickly - and my son replied that he wasn't sure. The police officer then gave him the ticket.
What do you think his chances are of fighting this ticket?
Following too closely
162 (1) A driver of a vehicle must not cause or permit the vehicle to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the amount and nature of traffic on and the condition of the highway.
(2) The driver of a commercial motor vehicle or a combination of vehicles, when driving on a roadway outside a business or residence district, must not follow within 60 m of another commercial motor vehicle or a combination of vehicles, but this must not be construed to prevent one commercial motor vehicle or a combination of vehicles overtaking and passing another.
(3) The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a business or residence district, must leave sufficient space between his or her vehicle and another vehicle or combination of vehicles to enable a vehicle to enter and occupy that space without danger.
I expect that your son's ticket was issued under section 162(1) MVA and I have highlighted the the important determination that needs to be made to defend it.
First, read the article on How to Deal with a Violation Ticket on this site. Then read the article on disclosure to help plan your defence. The officer has used one of two methods to determine the following distance, visual estimation or a laser that is capable of measuring the distance between two traveling vehicles. Disclosure will show which method was used and how close the officer says the two vehicles were traveling together.
There are two cases that I was able to find on the subject, Watson v Thompson and Rudman v Hollander. Reading them will give you some idea how the court will treat the issues.
On a clear, dry, sunny day with good road conditions and light traffic, the two second rule will likely be an issue. If the conditions deteriorate then three, four or more seconds following distance will be needed. What you have to do is convince the court that the distance your son was following at was reasonable and prudent in the circumstances.
Keep in mind that drivers paying attention and having reasonable reflexes will need 1.5 seconds to perceive and react to a hazard and the add time to carry out the avoidance maneuver. Two seconds is really a bare minimum and most drivers don't seem to realize it. At 80 km/h this is about 40 meters or 10 vehicle lengths. If the actual following distance was significantly short, this will not be hard to visually estimate.
You will have to travel to Fernie in order to attend your trial.