Should I take this citation to court?

[ThomasG 5,000+ posts]

I was given a citation(misdemeanor) for following too closely. The guy was going 20 or slower on a 30mph road for over half a mile(I can get the exact distance)

First off yea, I was following too closely by going the speed limit. I was honestly surprised the cop gave me a citation under the circumstances. The ticket is $140! Utah state law for driving too slow is

I. A person may not operate a motor vehicle at a speed so slow as to impede or block the normal and reasonable movement of traffic. '41-6-49(1)

This was on a one way lane.

It says nothing in specific. Do I have a shot in court or will it be a waste of my time? Thoughts? Prior experiences?

Click to read more...

 

[ThomasG 5,000+ posts]

41-6a-711. Following another vehicle -- Safe distance -- Exceptions.

(1) The operator of a vehicle:

(a) may not follow another vehicle more closely than is reasonable and prudent, having regard for the:

(i) speed of the vehicles;

(ii) traffic upon the highway; and

(iii) condition of the highway; and

(b) shall allow sufficient space in front of the vehicle to enable any other vehicle to enter and occupy the space.

(2) Subsection (1)(b) does not apply to funeral processions or to congested traffic conditions resulting in prevailing vehicle speeds of less than 35 miles per hour

 

[MisterDeadeye 10+ year member]

For a $140 ticket in a 30mph zone, I say go for it.

 

[bannock 10+ year member]

wouldn't you have to prove that the other guy was going too slow? I guess if your speed was written on the ticket it would be easy...

 

[GLN305 10+ year member]

Gotta think like a judge...it's a speed ''limit'' not a speed ''requirement''. By going 20, that person was probably in legal limits. Just my opinion, I worked in a county building as an electronics engineer and had to to watch some court cases to monitor equipment.

 

[ThomasG 5,000+ posts]

wouldn't you have to prove that the other guy was going too slow? I guess if your speed was written on the ticket it would be easy...

Good point. However, when I asked the cop about how slow the guy was going he said it didn't matter. Which is incorrect under utah state code unless the condition permit which it did not I can get the weather forecast for court.

CV609 Minimum speed.

A driver may not drive at a speed so slow as to interfere with the normal and reasonable movement of traffic unless conditions or circumstances justify a reduced speed for safe operation.

References

Utah Code Section 41-6a-605.

 

[ThomasG 5,000+ posts]

wouldn't you have to prove that the other guy was going too slow? I guess if your speed was written on the ticket it would be easy...

Good point. However, when I asked the cop about how slow the guy was going he said it didn't matter. Which is incorrect under utah state code unless the condition permit which it did not I can get the weather forecast for court.

CV609 Minimum speed.

A driver may not drive at a speed so slow as to interfere with the normal and reasonable movement of traffic unless conditions or circumstances justify a reduced speed for safe operation.

References

Utah Code Section 41-6a-605.

 

[MisterDeadeye 10+ year member]

Gotta think like a judge...it's a speed ''limit'' not a speed ''requirement''. By going 20, that person was probably in legal limits. Just my opinion, I worked in a county building as an electronics engineer and had to to watch some court cases to monitor equipment.

Yeah, but there are other variables to account for. Traffic, road type, etc. all need to be taken into consideration. As long as the OP can convince the judge that his distance was reasonable, he should be fine.

 

[MisterDeadeye 10+ year member]

Gotta think like a judge...it's a speed ''limit'' not a speed ''requirement''. By going 20, that person was probably in legal limits. Just my opinion, I worked in a county building as an electronics engineer and had to to watch some court cases to monitor equipment.

Yeah, but there are other variables to account for. Traffic, road type, etc. all need to be taken into consideration. As long as the OP can convince the judge that his distance was reasonable, he should be fine.

 

[jtomsic 5,000+ posts]

i think your wasting your time honestly..the judge is going to take the cops judgment over yours... no offense just the way it works.

 

[MisterDeadeye 10+ year member]

i think your wasting your time honestly..the judge is going to take the cops judgment over yours... no offense just the way it works.

This is probably true, but if you're willing to fight the system, do it.

 

[MisterDeadeye 10+ year member]

i think your wasting your time honestly..the judge is going to take the cops judgment over yours... no offense just the way it works.

This is probably true, but if you're willing to fight the system, do it.

 

[ThomasG 5,000+ posts]

So far I'm leaning towards court. So far I'm thinking If the cop shows I'll ask How does he know my distance. What is his eye sight? Has he ever been reprimanded for making a mistake? Has he ever made a mistake when issuing a citation?

Anyone else with experience here?

 

[ThomasG 5,000+ posts]

So far I'm leaning towards court. So far I'm thinking If the cop shows I'll ask How does he know my distance. What is his eye sight? Has he ever been reprimanded for making a mistake? Has he ever made a mistake when issuing a citation?

Anyone else with experience here?

 

[rumdada 10+ year member]

I would fight it but 9/10 a judge will side with an officer but its all about your approach dont go in trying to tell the judge the law thats a no no just go and try to explain why you were following so close. If your lucky the judge will throw it out..............