If the concept of tailgating conjures up cold beers, BBQ, loud music and lots of fun with fellow fans in a stadium parking lot, then you are doing it right! However, if you think of following a car too closely on the highway when the word “tailgating” is mentioned, there are some things you need to know.

New York police officers who patrol roads and highways in an effort to keep people safe are always on the lookout for tailgaters. The law requires that any driver of a motor vehicle maintain a safe distance between the front of their vehicle — car, motorcycle, truck — and the vehicle in front of them. The reason for this law is fairly common sense; if an emergency causes the car in front to stop quickly, following too closely behind is going to result in a crash. There would be little reaction time for the tailgating driver and, as such, a rear end collision is certain to occur. Depending on the speeds the cars were traveling at the time of impact, the injuries sustained in the accident could be severe and possibly fatal.

Even if you think you have a good handle on your own vehicle’s stopping time, there is no way to know how long it will take for the car in front of you to stop. Here’s an example:

Let’s say you are driving along a back road and you are frustrated with the car driving in front of you. It’s dusk, there is no one in front of that car and you have to get home as soon as possible. You start beeping your horn and getting a bit too close for comfort but the car in front is still not speeding up. Just then a deer darts out of the woods and the car in front can’t avoid it! They jam on their brakes but it’s too late! You’ve rear-ended them and are, quite likely, facing traffic tickets for tailgating and possible reckless or careless driving.

Your story about the other guy driving too slowly isn’t going to fly with a New York State Trooper. It’s your priority, as a driver, to maintain a safe distance between your car and the one in front. According to N.Y. VTL §1129, all drivers who fail to maintain a enough space between their vehicle and another one in front of them are at risk for receiving a four point ticket for tailgating on their driving record. (Additionally, other violations come with their own point values.) You may also be forced to pay up to $200 in fines. New York insurance carriers are allowed to raise your premiums if you are convicted of tailgating, as well.

If you are facing a tailgating ticket in New York, don’t try to handle it alone. Contact a savvy, knowledgeable traffic violations lawyer in Rochester who will negotiate with the prosecutor on your behalf. The traffic ticket lawyers at the LaDuca Law Firm will attempt to get your ticket dismissed. When that’s not possible, they will try to negotiate your ticket down to a lesser charge with no points.

Contact the LaDuca Law Firm today for a free consultation about your traffic violation. We will fight hard to protect your driver’s license in a New York traffic court.