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How to Fight a Follow Too Closely Ticket

Question:

I was driving in the city during rush hour and the car in front of me braked quickly. I slammed on my brakes but there was just not enough time to come to a complete stop. I hit the car in front of me. The Police charged me with Follow Too Closely. I was driving safely and was not going over the speed limit. There was about one car length between my vehicle and the one ahead of me. Do I have grounds to fight this ticket?

Answer:

Highway Traffic Act, section 158(1):

The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway.

The penalties for this offence are:

  • Set fine of $85 ( $120 if in a community safety zone)
  • 4 demerit points

Follow Too Closely is a strict liability charge. This means the wording of the Act provides subjective standards. It refers to “reasonableness” and “conditions of the highway.” What that means for you is that you may have a successful defence to the charge. Often times, the Officer who gives a ticket for this offence did not even witness the event. It is a ticket that is definitely worth fighting.

Bringing your ticket to a professional Paralegal and telling him/her the details of the circumstances is the best way to start the process of fighting your ticket. At OTD Legal, when you decide to proceed, we will listen to your side of the story, review the evidence that is against you, and meet with the Prosecutor to discuss your matter. We will argue your case with the goal to have the charge withdrawn or reduced to something that will potentially have a lesser impact on your insurance and carry fewer demerit points.

We offer a free initial review of your case and would be happy to provide you with the information you need to make an informed choice about what to do with your traffic ticket. Call us today to discuss your matter in more detail at 1-844-647-6869 or email us at info@otdlegal.ca.

Posted under Demerit Points, Traffic Ticket Defence

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