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Deciding What To Do
Posted: Thu Sep 09, 2010 7:34 pm
by burmy44
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was going on he told me my options and that was that asked him if he had his radar on he said didn't matter. I feel shafted don't want the points, any suggestions
Posted: Thu Sep 09, 2010 8:49 pm
by Radar Identified
With no collision, this charge is extremely hard to prove. My suggestion is to pick option 3 (trial) and go from there, for starters.
Posted: Thu Sep 09, 2010 9:11 pm
by burmy44
That's what l want to do he did not see anything what was going on since he was in traffic coming the opposite way, never been in this situation not sure on what will be going on
Posted: Fri Sep 10, 2010 5:21 pm
by Traffic Law
Follow too closely charge is very subjective. There are no defined distances that represent "too close". You have lots of outs on this one. You should retain professional help as the argument can get complicated.
Posted: Fri Sep 10, 2010 8:19 pm
by hwybear
Traffic Law wrote: There are no defined distances that represent "too close".
Unless this is a Commercial Motor Vehicle being operated, which is then a minimum following distance of 60m when over 60km/hr.
Posted: Fri Sep 10, 2010 10:20 pm
by burmy44
not a commerical vehicle just driving home from work, just wondering if paying a paralegal 350 compared to 110 fine and 4 points is what l should do, or if l should fight it myself which probably not the best idea since l never really been in a court case before
Posted: Sat Sep 11, 2010 6:56 am
by Radar Identified
burmy44 wrote: just wondering if paying a paralegal 350 compared to 110 fine and 4 points is what l should do,
There's also the potential insurance increase to consider. Over a three-year period, that could be over $1000, depending on who your provider is. Some of them might let it go, others will charge you through the nose. So it's more like $350 vs. $1110.
As you indicated that you'd consider hiring a paralegal, that's probably a good idea, however make sure to discuss the case and try to get a sense of what the paralegal is willing to do. If the paralegal seems disinterested, you're probably better to continue looking. There's no sense in hiring a paralegal if the guy's sole intention is just to plea-bargain, without any effort in getting disclosure or preparing a case for you.