PC §725 - FOLLOWING LAW/TAILGATING
INFRACTION
(a) Definition
Following law or tailgating violation is the act of driving a motor vehicle in such close proximity to another vehicle that it constitutes a hazard or danger to the safety of both drivers and passengers.
(b) Elements of the Offense
The following elements must be met to constitute a charge of following law or tailgating violation:
The defendant operated a motor vehicle on a public roadway.
The defendant drove the vehicle in close proximity to another vehicle, such that it constituted a hazard or danger.
The defendant's actions did not allow for a safe stopping distance or reaction time in the event of sudden braking or emergency maneuvers.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions by vehicle operators:
Driving too closely behind another vehicle, especially at high speeds or in heavy traffic conditions.
Failing to maintain a safe following distance based on speed, weather conditions, and traffic flow.
Engaging in aggressive driving behaviors, such as tailgating to intimidate or harass other drivers.
(c) Defenses
(a) It shall be a defense to a charge of following law or tailgating violation if the defendant can prove that their actions were justified under the circumstances, such as when driving in heavy traffic or in response to aggressive driving by other motorists.
(b) Lack of evidence of following law or tailgating violation, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing accidents, injuries, or fatalities due to following law or tailgating violations, repeated violations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE
FINE SET
$65.00
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