Tailgating N.J.S.A. 39:4-89 is a violation when a driver follows another vehicle more closely than reasonable considering the speed of the vehicles, the conditions of the roadway and the amount of traffic on the road.
Truck drivers commit this offense when they drive on a highway within 100 feet of another truck.
Conviction to this offense carries a fine up to $200 although the fine may be doubled in a construction zone, safe corridor or 65 MPH zone.
Defendant may be incarcerated up to 15 days for violation of this statute, although courts would only consider exercising such extreme discretion if the charge accompanied a serious motor vehicle accident that caused others serious bodily injuries and where the defendant was clearly at fault.
Although courts are not required to suspend a license following a conviction for following too closely, courts may exercise such discretion upon finding that the violation was willful.
The suspension period is left to the discretion of the court.
five motor vehicle and five insurance points
attach to a conviction for this offense.
New Jersey Traffic lawyer attempts a plea to obstructing traffic N.J.S.A 39:4-67.
If the prosecutor, in Plainsboro, New Jersey, for example, does not grant that request then unsafe driving N.J.S.A 39:4-97.2 should be considered, although it should be noted that unsafe driving carries an approximate fine of $400.
Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.
The next best possible result is a guilty plea to careless driving N.J.S.A. 39:4-97.
Otherwise, remaining options are to plead guilty to a four point violation such as improper passing N.J.S.A. 39:4-85 or have a trial if a downgrade is not offered by the prosecutor.
If you have any other questions about a tailgating charge, click here to contact a NJ Traffic Attorney.