Elizabeth, NJ Tailgating Ticket Attorney

Facing a Tailgating Ticket in New Jersey? Here’s What You Need to Know.

A fun day at the Jersey Shore or navigating the bustling streets can turn sour with a tailgating ticket. Even if you consider yourself a cautious driver, understanding New Jersey’s tailgating laws can prevent unnecessary fines, points, and potential license suspension. You could also face other tickets as well such as speeding and careless driving. Here are some reasons why you or a loved one should consider retaining Brett M. Rosen as their criminal defense attorney for a New Jersey tailgating ticket:

1. Expertise in Criminal Defense: Brett M. Rosen is a top-rated attorney with a focus on criminal defense.
2. Recognized by Peers: He has been selected to the Super Lawyers Rising Stars list for 2020 – 2024, a distinction given to only a select number of attorneys.
3. Proven Track Record: Clients have described him as an advocate who delivers results and stands out in clutch situations.
4. Comprehensive Legal Knowledge: His legal knowledge and analysis have been rated highly by clients and peers.
5. Strong Communication: Clients have praised his communication skills and professionalism.
6. Aggressive Representation: He is known for his relentless approach in negotiations and trials, ensuring his clients’ rights are vigorously defended.
7. Diverse Experience: Rosen has experience handling high-profile cases and a wide range of criminal charges, which can be beneficial in tailgating cases that may have complicating factors.

If you or a loved one is facing a tailgating ticket here in New Jersey, contact our office today for a consultation. 

What is Tailgating in New Jersey?

New Jersey law (N.J.S.A. 39:4-89) defines tailgating, also known as following too closely, as operating a vehicle closer than is reasonable and prudent behind another vehicle on the road. Specifically, the law states: 

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 condition of, the highway.

The driver of a motor truck when traveling upon a highway, outside of a business or residence district, shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.

There’s no one-size-fits-all distance for safe following. It depends on factors like:

• Speed: The faster you go, the greater following distance needed for safe stopping.
• Traffic Conditions: Heavy traffic requires more space to react to sudden stops.
• Weather: Rain, snow, or fog necessitate increased following distance due to reduced visibility and braking efficiency.

Trucks and Following Distance:

The law specifies a minimum following distance of 100 feet for trucks traveling outside business or residential districts, unless passing.

Penalties for Tailgating in New Jersey

A tailgating conviction in New Jersey comes with several consequences:

• Fines: $50 to $200.
• Points: 5 points added to your driver’s license. Accumulating points can lead to surcharges and license suspension.
• Court Costs: $33
• Jail Time: In rare cases, up to 15 days of jail time (highly unlikely for a first offense).

New Jersey Tailgating Ticket Defenses: Fight the Charge!

A tailgating ticket in New Jersey can put a damper on your day. The fines, points, and potential license suspension can sting. But before you resign yourself to paying, consider if you have a defense. Here are common defenses that might apply to your New Jersey tailgating ticket:

Defenses to Consider:

• Safe Following Distance: You can argue that you maintained a safe following distance based on the specific circumstances (speed, traffic, weather) at the time.
• Officer Misperception: Perhaps the officer misjudged the distance due to road conditions or their vantage point.
• Faulty Equipment: A malfunctioning speedometer on your vehicle might have led to an inaccurate perception of your speed, affecting the officer’s judgment of following distance.
• Sudden Slowdown by the Car Ahead: If the car in front of you unexpectedly braked for a legitimate reason (e.g., debris on the road), it can explain why you appeared to be following too closely.

Evidence to Support Your Defense:

Having evidence to back your claim can significantly strengthen your case. Here’s what might be helpful:

• Witness Statements: If you had passengers who can vouch for your safe driving distance, their testimony can be valuable.
• Dashcam Footage: If you have a dashcam recording of the incident, it might provide visual proof of your following distance.

Important Note: These are just potential defenses. The best course of action depends on the specifics of your case. Consulting with a qualified traffic attorney in New Jersey, such as Brett M. Rosen, is highly recommended.

Tips to Avoid Tailgating in New Jersey

• Maintain a Safe Following Distance: Use the “3-second rule” as a general guideline (increase the count in poor conditions).
• Pay Attention to the Road: Avoid distractions like phones or eating while driving.
• Leave Ample Room for Unexpected Maneuvers: Be prepared for sudden stops or lane changes by the car ahead.
• Adjust Following Distance Based on Conditions: Increase following distance in rain, snow, or heavy traffic.
• Use Cruise Control (if available) on Highways: This can help maintain a consistent following distance.

Remember: Safe driving is the top priority. By understanding New Jersey’s tailgating laws and practicing responsible driving habits, you can avoid costly tickets and ensure a smoother journey on the road.

New Jersey Tailgating Ticket FAQ: Everything You Need to Know

Stuck behind the wheel with a sour souvenir: a New Jersey tailgating ticket? Don’t fret! This FAQ equips you with answers to common questions and empowers you to navigate this situation.

Are There Any Jail Time Penalties for Tailgating in NJ?

In rare cases (usually involving accidents or reckless driving), jail time up to 15 days is possible. However, this is highly unlikely for a first-time tailgating offense.

What is Tailgating in New Jersey?

Tailgating, also known as following too closely, violates New Jersey Statute N.J.S.A. 39:4-89. It occurs when you operate your vehicle closer than is reasonable and prudent to the car ahead, considering factors like speed, traffic flow, and weather conditions.

How Much Does a Tailgating Ticket Cost in New Jersey?

A tailgating conviction can set you back:

• Fines: $50 to $200
• Points: 5 points added to your driver’s license (accumulation can lead to surcharges and suspension)
• Court Costs: $33

What Happens if I Don’t Pay a New Jersey Tailgating Ticket?

Ignoring a ticket can have severe consequences:

• Late fees
• Suspension of your driver’s license
• Difficulty renewing your car registration
• Potential warrant for your arrest

Can I Fight a Tailgating Ticket in New Jersey?

Absolutely! Here are some potential defenses:

• You Maintained a Safe Following Distance: You can argue your distance was reasonable based on the specific circumstances (speed, weather, traffic).
• The Officer Misjudged the Distance: Police visibility can be affected by weather. You can contest their perception of the following distance.
• Sudden Slowdown by the Car Ahead: If the vehicle in front unexpectedly braked, it could explain your following distance.
• Faulty Equipment: A malfunctioning speedometer impacting your perception of speed could be a defense (evidence required).
• Procedural Errors: Technical errors on the ticket itself can sometimes lead to dismissal.

Should I Hire a Lawyer to Fight My Tailgating Ticket?

While this FAQ provides knowledge, an experienced traffic lawyer can offer personalized guidance. They can:

• Analyze your specific case details.
• Craft the most effective defense strategy.
• Represent you in court.

Brett M. Rosen: A Premier Choice for Tailgating Ticket Defense in New Jersey

When faced with a tailgating ticket in New Jersey, it’s crucial to have a dedicated and experienced criminal defense attorney like Brett M. Rosen on your side. Here’s why:

1. Proven Expertise: Brett M. Rosen is not just any attorney; he’s a top-rated criminal defense lawyer recognized for his expertise in the field.

2. Peer Recognition: His selection to the Super Lawyers Rising Stars list from 2020 to 2024 speaks volumes about his professional standing and the respect he commands in the legal community.

3. Client Satisfaction: Testimonials from clients describe him as an effective advocate who delivers results, especially in high-pressure situations.

4. Legal Acumen: With a perfect score in legal knowledge and analysis, Brett M. Rosen’s ability to navigate complex legal waters is unquestionable.

5. Communication Excellence: Clients consistently praise his communication skills, ensuring you’re always informed and involved in your defense strategy.

6. Aggressive Defense: Known for his relentless approach in court, he ensures that every client’s rights are fiercely protected.

7. Diverse Legal Experience: Handling everything from high-profile cases to a wide array of criminal charges, Brett M. Rosen brings a wealth of experience to the table, which can be pivotal in tailgating cases with unique challenges.

8. Strategic Representation: Whether it’s negotiation or trial, his strategic legal representation is tailored to the specifics of your case, maximizing the chances of a favorable outcome.

9. Client-Centric Approach: Understanding the stress and uncertainty that comes with legal challenges, Brett M. Rosen prioritizes his clients’ needs and works diligently to alleviate their concerns.

10. Results-Driven: With a focus on achieving the best possible results, he employs a meticulous approach to every aspect of your case, from evidence examination to legal argumentation.

By choosing Brett M. Rosen, you’re not just hiring an attorney; you’re securing a strategic partner who will fight for your rights with the utmost dedication and skill. His track record and client testimonials stand as a testament to his capability to handle your New Jersey tailgating ticket with the highest level of professionalism and expertise. Contact our office today for a consultation regarding your New Jersey Tailgating ticket.