Following too close

[mrdaytrade]

A friend recently got a ticket for following too close after she got into a car accident in CT. The police officer gave her the ticket after the accident even though he was not present at the time of the accident. What can she do to fight this ticket? What rights does she have? It was only an accident, nothing else. Thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

FIght the ticket, because officer must have seen it happen, otherwise, it would be invalid.

Your friend should argue no police witness to traffic infraction is a lesser kind of criminal offense, like a misdemeanor. So, if officer needs to see a misdemeanor happen in order to arrest, shouldn't same be held to give ticket for traffic infraction.

Of course she was following closely, maybe?

What if the person in front suddenly stopped for no reason? Shifted out of gear?

Was there a thorough investigation done by insurance to target her as the wrongdoer?

Get it? Sort of prove your innocence mentality when it should be innocent until PROVEN guilty.

If you wanna get technical, what is the municipality your friend is in?

Check the municipal code to see laws covering police giving traffic citations after an accident or in general: when, where, how, why

 

[mrdaytrade]

The accident occured between exit 46 and 47 on Route 95. It is where Route 91 and route 95 merge in CT. She needed to go to the Superior Court in New Haven, CT. There were 3 cars involved in the accident, hers being the last. The first car had 3 bikes on the back (possibly obstructing the view on the break lights) which could have caused the accident. The officer was not there when the accident occured, but did issue a ticket. Where can I find the local municipal codes, are they online? There has not been an extensive investigation by the insurance companies, but I think they are placing the blame on her since she was the last car. Thanks for your advice.

 

[Snoopy]

What is important in these accidents is whether the 2nd car hit the 1st car first. or did the 3rd car hitting the 2nd car cause the 2nd car to hit the 1st car.

Either way, the ticket is valid as the only way you hit a car in front is if you are too close, or are not paying attention.