What defines following to close?

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  • JoshuaW

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    Jun 18, 2010
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    South Bend, IN
    The IC defines following to close as below:

    Sec. 14. A person who drives a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of both vehicles, the time interval between vehicles, and the condition of the highway.

    So what qualifies as to close?
     
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    15   0   0
    Aug 14, 2009
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    Salem
    If you hit the guy in front of you, when he slams on his brakes - you might be following too close.

    At the risk of starting a Jeff Foxworthy-ism festival...

    If the guy in front of you stopping for a squirrel in front of HIS car, results in a change of upholstery in YOUR car - you might be following too close!


    if you have to ask - you were likely following too closely...


    :D
     

    Redtbird

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    17   0   0
    Apr 18, 2012
    1,676
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    Monroe County
    If I cannot see your headlights, you are TOO CLOSE!

    If I cannot see your grill and/or front bumper, you are TOO CLOSE!

    If I cannot see any road between our cars, you are TOO CLOSE!

    My advice to people who tailgate: Watch out for a brake check at the next stoplight!

    But, that's just me...

    I'm not sure what the law says.
     

    SEIndSAM

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    May 14, 2011
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    Ripley County
    Way back in drivers training (1976), they taught one car length for every 10MPH. So, if your going 30, three car length. If your going 60, six car lengths, etc...
     

    JoshuaW

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    Jun 18, 2010
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    South Bend, IN
    If you hit the guy in front of you, when he slams on his brakes - you might be following too close.

    :D

    I got a ticket for following to close. The officer stopped his car so I would go in front of him so he could pull me over. Obviously I had enough time to react and not hit him, ergo I was not following to close. I was several car lengths back.

    Im trying to figure out if this is worth fighting. It sounds like it is a $125(!) ticket. Im kind of disappointed that the IC doesnt have an actual definition of to close, that really makes it sound like it is the officer's word against mine, and we all know how that turns out.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
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    Galt's Gulch
    I got a warning for that once when the guy in front of me jacked his brakes because he saw the officer behind a bridge support. I told the cop it's not my fault he slammed on his brakes in the fast lane of an interstate with no car in front of him.
     
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    Aug 14, 2009
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    I got a ticket for following to close. The officer stopped his car so I would go in front of him so he could pull me over. Obviously I had enough time to react and not hit him, ergo I was not following to close. I was several car lengths back.

    Im trying to figure out if this is worth fighting. It sounds like it is a $125(!) ticket. Im kind of disappointed that the IC doesnt have an actual definition of to close, that really makes it sound like it is the officer's word against mine, and we all know how that turns out.

    I do suspect that he didn't slam on his brakes, either... so that in and of itself is not proof one way or the other. Not saying that you were or you weren't - just that the fact that you went around him won't get you off of the hook.

    It's a pretty hard thing to define - and due to road conditions, etc can be quite subjective. This one might be tough to fight.

    So - I've got to ask - were you really riding a COP'S bumper?? I can think of a lot of people that I'd tailgate and a cop would be the last one on that list....
     

    Mr. Habib

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    Mar 4, 2009
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    i got one of those many years ago. ISP sited me for following too closely while I was stopped behind another car that was waiting to make a turn. The trooper was coming towards us following a large truck and couldn't see me until we were both stopped. I don't think he was too happy when I asked him what the safe following distance was for zero miles per hour. Surprisingly, it was the end of the month. Gotta fill that quota somehow.
     

    cagilber

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    Feb 23, 2009
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    I just love when I'm driving on the interstate following a car with the correct amount of distance and someone gets over in my safe space and causes me to follow them to closely, bugs the hell out of me...
     

    JoshuaW

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    Jun 18, 2010
    2,266
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    South Bend, IN
    I do suspect that he didn't slam on his brakes, either... so that in and of itself is not proof one way or the other. Not saying that you were or you weren't - just that the fact that you went around him won't get you off of the hook.

    It's a pretty hard thing to define - and due to road conditions, etc can be quite subjective. This one might be tough to fight.

    So - I've got to ask - were you really riding a COP'S bumper?? I can think of a lot of people that I'd tailgate and a cop would be the last one on that list....

    No, I was absolutely NOT following to close. I have been pulled over before by the State Police on 31, just south of South Bend, so when I get behind one, I make a point to set my cruise control to whatever speed they are doing and stay behind them. Like I said, I had more than enough time to go around him, I even had enough time to come to a complete stop, but Im obviously not going to do that in the right lane of 31 if it can be avoided.

    And he did actually come to an abrupt stop. He did the cop equivalent of brake checking me about a quarter mile before he pulled me over by slamming on his brakes and turning on his lights. I stopped and put my hazards on, he turned his lights off and continued on his way, and so did I. A little bit up the road, he did it again but didnt turn his lights on, so I went around him. He then turned his lights on to pull me over. When he pulled me over he claimed he did that so I would "back off". Im not really sure how I was supposed to get that from what he did, since officers frequently stop, turn on their lights, and do a U-turn.

    I shouldnt have been ticketed, but I also know it isnt worth taking half a day off of work to fight it if I stand no chance of winning because the statute is extremely vague.
     

    Sgtusmc

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    4   0   0
    Jan 10, 2013
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    indiana
    Lived in Chicago a few years awhile back. One of the scams running was to get rear ended so you could commit insurance fraud. Some idiot tried that with me one time and braked hard without any reason. I kept going and swung my car around their car and left them behind and stopped in the middle of the road. :p
     

    92ThoStro

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    Dec 1, 2012
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    I use to be in the slam on your brakes camp, but after reading multiple stories online where people who did that have been charged because the incident resulted in the tailgater swerving and causing a fatal accident, I have stopped. I never locked up my brakes, I always braked then punched it, but I guess it's still possible to cause an accident if they are tailgating and texting or something.

    I do what other INGOers suggest now. Let off the gas and let your car downshift so you go slow without your red lights coming on. Or go exactly the speed limit. Or if I am going fast enough I use my windshield washer fluid and soak the guy behind me. If I feel like brake checking I just tap 3 times so the lights flicker instead of braking hard and then accelerating hard.

    My rule is if I can see your car between my spoiler and my trunk, you are WAY too close. At night I always make sure there is a black space between me and the car in front of me, meaning my headlights don't illuminate the ground under his vehicle, there is a dark void between us. I always stay pretty far back, I pass them if they are going too slow for me, no reason to tailgate. If it is a single double yellow lane, no choice but to hang back and tough it out.
     

    Indy_Guy_77

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    Apr 30, 2008
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    OP's issue is that following too closely isn't defined.

    It is wholly subjective based upon the officer's OPINION.

    Pretend an officer grew up in south Florida, Hawaii, or south Texas. Someplace where there isn't any snow to speak of.

    That person's subjective opinion on "following too closely", say, in snowy weather would be completely different than an officer who had grown up in St. Paul, MN.

    Same with "driving too fast for conditions". My wife's aunt was pulled over in the Dallas area one winter. They had a rare "decent" snowfall. She was pulled for going too fast - on a deserted interstate. She'd grown up in southern Wisconsin. "too fast" for her experience + empty roadway was wholly different than the officer's opinion of her "too fast" on a snowy Dallas Interstate. I don't believe she got a ticket.

    I'm not a big fan of ambiguity when it comes to traffic laws. They need to be clearly defined as to remove subjective opinion from their interpretation/enforcement.

    -J-
     
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