Many motorists engage in unsafe driving without even thinking twice about it. While feeling impatient, a motorist might drive too close to another vehicle in a practice known as tailgating. If the other driver stops suddenly, you may collide with the vehicle. A police officer may even pull you over for reckless driving.
Reckless drivers usually do not intend to hurt anyone. However, reckless driving is still considered a crime. You may be tailgating because of road rage and because you wish for the motorist in front to drive faster. If you're charged with reckless driving, here are some ways to defend yourself.
Disputing the Distance
The most common defense against tailgating is that you were not actually driving so close to the other vehicle. Generally, the rule of thumb is to keep one vehicle length between yourself and the other vehicle for every ten MPH you are driving. To prove that you were not driving so close, you may need video evidence. For this reason, some drivers use a dashcam so they can argue that they were not driving too close.
Disputing the Road Conditions
Depending on the road conditions, you may argue that the distance between yourself and the other driver was reasonable. For example, you may claim that the roads weren't slippery and that you didn't need to maintain a greater distance.
Calling on a Witness
If you are involved in an accident, the other driver might accuse you of tailgating. In this case, the officer will likely not have noticed that you were tailgating. If you have an eye witness who can testify that you were not tailgating, this could be used to have the ticket dismissed.
Seeking Legal Counsel
Usually, the courts trust the opinion of the arresting officer. For this reason, it's important to contact a reckless driving attorney. Not only might you pay a fine for driving recklessly, but you may have your license suspended and may be forced to take classes. For states with a license point system, reckless driving tends to lead to more points than other infractions. You'll likely see an increase in your insurance premium. Therefore, legal counsel is worth the cost.
Reducing the Charge
In some cases, your attorney may argue that your charge should be reduced to a careless driving charge. While reckless driving requires that you engage in wanton disregard for safe driving practices, careless driving does not take into account your state of mind and simply penalizes you for failing to drive in a safe manner. The penalties for this charge are less severe.
Talk to a law firm like Tolbert & Tolbert, LLP for legal help.
