Following Too Closely Georgia

(d) Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed to make a lawful turn shall be deemed to be following for purposes of this Code section.(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.(c) Motor vehicles being driven upon any roadway outside of a business or residential district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This subsection shall not apply to funeral processions, parades, or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency.

Is 4 points on your license bad in GA?
With a sufficient number of points in a short period of time, your license CAN be suspended, cancelled or revoked. Drivers under age 21 will lose the right with four or more points, whereas adult drivers are permitted 15 points in a 24 month period before they suffer a suspension.
(e) This Code section shall not apply to the operator of any non-leading vehicle traveling in a coordinated platoon. For purposes of this subsection, the term “coordinated platoon” means a group of motor vehicles traveling in the same lane utilizing vehicle-to-vehicle communication technology to automatically coordinate the movement of such vehicles.(b) The driver of any motor vehicle which is drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

There is a very good chance that your “following too closely” case will end up in traffic court. And when it does, you want to be prepared to defend yourself. For this reason, having an Alpharetta traffic violation attorney by your side could make the difference between a full-on guilty verdict and lesser punishments—or even being found not guilty.
Whatever the circumstances of your case, you might have some questions about where you stand and what to expect. At the Law Office of Scott Miller in Alpharetta, we want our clients to be informed of their rights and options. So here are some basics of a Georgia following too closely charge.As a traffic violation attorney, Scott Miller knows how Georgia traffic laws work. He can help you to gather evidence and plan a strategy. Call us today in Alpharetta at 770-408-1001 or fill out the free consultation form on this page. We serve all towns throughout north Georgia including Roswell, Sandy Springs, Milton, Dunwoody, Atlanta, and many more.

If you have been charged with “following too closely” in north Georgia, there may be many reasons for the charge. Most often, the ticket is written when you rear-end another vehicle and there is an accident report.
It is always a good idea to understand the law you have been accused of breaking. Georgia Code 40-6-49 spells out exactly what constitutes following too closely and provides both a definition and specific details.

However, you could also be stopped and charged with following too closely, even if there was no accident. The officer could suspect you for a DUI or other crime and use this charge as a reason to stop you. And, if convicted, you will get three points on your license, a fine (typically for first-timers, about $175), plus possible court costs. Commercial drivers could face even more problems.
When you enter the court, the judge will run the show. He or she will ask all the questions after having everyone sworn in. First, the police officer will read his/her accident report. Then the questions will begin, including the officer, any witnesses or others and, of course, you.The State of Georgia explicitly prohibits following too closely or tailgating, when operating any vehicle. Depending on the situation drivers could be given a ticket for reckless driving or other serious moving violations. As a result, if you fail to follow the three second rule and operate your vehicle while distracted, you may receive a traffic citation from law enforcement for following too closely.

How long does a following to close ticket stay on your record in Georgia?
In Georgia, points remain on a driver’s record for two years. However, they drop off at the two-year mark from the exact date each point was added. That means if you receive more than one ticket at different times, some points may come off sooner than others.
As with any automobile accident the consequences of accidents due to following too close or tailgating can be significant with potentially life altering and devastating effects. If an accident occurs because someone ignores the three second rule and is following too close, the liability or fault for the accident will most likely be attributed to the driver who rear-ends the other driver. Therefore, any medical injuries or damages to personal property of everyone involved in the accident will be the responsibility of the tailgating or distracted driver. An expert familiar with the nuances of these complex issues is a great resource to consult in these situations.

To use the three second rule to establish a safe distance between vehicles, start by simply watching the vehicle in front of you pass a road sign or other stationary object on the side of the road. As that vehicle passes the selected object, slowly count to three before your vehicle passes that same object. Typically, applying this three second rule while driving will provide you with enough distance to react to the vehicle in front of you and allows you to stop if that vehicle has to slow down or stop suddenly. However, when road or weather conditions are not ideal – snow or ice, heavy rains or driving a heavy vehicle – give yourself additional seconds of space to account for the hazardous conditions.
According to Georgia traffic laws, the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable considering the conditions of the roadway. The law specifically states that vehicles that approach from the rear are considered to be following vehicles.Following the 3 second rule driving could help you avoid a ticket in Georgia. Drivers who refuse to follow the rule are either distracted driving or tailgating. Both practices are dangerous and cause thousands of vehicle accidents every year, as well as numerous fatalities. Maintaining a safer distance between you and the vehicle you are following and allows you to better avoid tailgating and a potentially life-altering accident.

As with most situations there are exceptions, and the accused driver may be able to avoid or reduce their liability if they can show that the accident was caused by the other party or that the other party contributed to the accident by their own actions. This will most likely involve proving that the driver was changing lanes, weaving, or was otherwise distracted while operating their vehicle. Distracted driving could either be texting, changing the radio station, “rubber necking” or any other behavior that takes the driver’s attention off the road. If you find yourself in this situation, do not attempt to figure out the facts and apply the law on your own. Contact your local injury lawyer to get assistance navigating these issues.According to the National Highway Safety Administration rear end collisions are the most common accidents a between all vehicles. These accidents normally occur because drivers are distracted in some way. Whether a driver is texting (illegal), operating the stereo, engaging in a conversation, they do not have enough time to avoid a collision by the time they notice the slowing or stopped traffic directly in front of them. Sometimes, drivers are simply following too closely tailgating and cause these collisions. To avoid these accidents, driving safety experts recommend following the three second driving rule – allow three seconds between you and the vehicle you are following.

A ticket for following too close – or tailgating – in Georgia can result in either a fine, points assessed to your driver’s license, or both. If found guilty you could receive a fine and other fees depending on the county where you receive the ticket. And since these tickets are considered moving violations, you could also have three points added to your Georgia driver’s license. Additionally, the same driving behavior could result in other more serious charges depending on the situation.
The potential fines for commercial drivers (CDL) driving commercial motor vehicles is the same, however, the potential insurance and employment impact is much larger.

We can take your case right away and appear in court for you on Tuesday morning. Don’t let an arrest pull you away from work, school or your other responsibilities.
Most people have either been guilty of following someone too closely or have had this happen to them. It happens all the time but most following too closely tickets result from accident where someone was rear-ended. However, we have also seen instances where people were pulled over for following too closely and then charged with DUI. If you or a loved one have been charged with following too closely in Georgia, contact our lawyers today. Even though it may seem like a minor charge, don’t just accept the consequences. There are always defenses we can use to mitigate the penalties. Call us today.Whether or not an accident occurred from following too closely, the violation will add 3 points to your driving record. While three points does not seem substantial, an accumulation of 15 points in a 24 month period will result in your license being suspended. If you are under 21 years of age, 4 points on your license in 12 months will result in your license being suspended.

To avoid points being added to your license, it is best to call an experienced following too closely attorney in Georgia today. Even though you can pay the ticket, it is best to have a Georgia Lawyer take a look at your case. However, if following too closely led to a DUI charge or another offense, you definitely need to consult with an attorney. Our office is here for you 24 hours a day, 7 days a week. Call now for immediate help and receive a free case evaluation.The question then becomes what does reasonable and prudent mean? Unfortunately, there is no set answer to this question and it is often a question left up to interpretation.What is reasonable and prudent within the meaning of the statute is a question for the jury. The jury will consider the evidence to see if the evidence supports the charge of following too closely. One example where the jury found that the accused was following too closely can be seen in Tam v. State. In that case, one officer testified at trial that the defendant was driving within ten feet of the vehicle in front of him. A second officer also testified and said he was driving from the opposite direction but that the defendant was driving so close to the car in front of him that the officer was unable to see the headlights on the defendant’s car. Therefore, the jury found that the accused was following more closely than was reasonable or prudent. 225. Ga. App. 101, (1997).

To avoid points being added to your license, it is best to call an experienced following too closely attorney in Georgia today. Even though you can pay the ticket, it is best to have a Georgia Lawyer take a look at your case. However, if following too closely led to a DUI or another offense, you definitely need to consult with an attorney. Your situations requires the attention of the best lawyers in Georgia. Our office is here for you 24 hours a day, 7 days a week. Call now for immediate help and receive a free case evaluation.
The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!

Another case where the defendant was found guilty of following too closely is Hall v. State. The police officer testified that he observed the defendant following a truck at a distance of less than half a car length. The court held that the officer’s testimony was sufficient to support a conviction. However, Hall was also convicted of possession of marijuana because of the following too closely stop. Therefore, Hall is facing a much more severe penalty because the officer also found marijuana once he was pulled over. 306 Ga. App. 484, (2010).

O.C.G.A. §40-6-49 states The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
Following too closely is a very commonly charged offense. Most following too closely tickets result from an accident where a car is rear-ended. However, following too closely can also be the precursor charge. There has to be a traffic violation for an officer to initiate the stop, but sometimes the driver is charged with a DUI or possession of marijuana because of their driving. Officers say that often people are following others when they get the ticket for following too closely. Even if the car you are following is a friend or family member, you can still receive a ticket. Always leave plenty of room between vehicles whether you know them or not.

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Suspension, cancellation, and revocation times will vary greatly based on the number of points accumulated, severity of the incidents, and any repeat offences. The DDS takes all of this into consideration before determining if a license should be suspended shortly, or revoked for a number of years. You may also submit a letter requesting reinstatement requirements to: Georgia Department of Driver Services, Post Office Box 80447, Conyers, Ga. 30013. This request must contain your name as it appears on your driver’s license, license number, date of birth, correct mailing address, and your signature. Did you know that the accumulation of license points can quickly result in a license suspension? Upon conviction of any traffic violation, the Georgia DDS (Department of Driver Services) will record “Points” on your driving history. With a sufficient number of points in a short period of time, your license CAN be suspended, cancelled or revoked. Drivers under age 21 will lose the right with four or more points, whereas adult drivers are permitted 15 points in a 24 month period before they suffer a suspension. The “points” system is followed in most states, and is intended to reduce unlawful use of the roadways.Points are a means of identifying “problem drivers” at the State level. Georgia’s point system is a simple way to track and “rate” the severity of any Georgia-licensed driver’s citations. Other indirect consequences of accumulating license points can occur, including higher insurance rates, having difficulty obtaining coverage, and a requirement to take time-consuming and expensive driver education courses.The DDS is authorized to suspend your license if its records or other evidence shows that you have accumulated 15 points within 24 months under the point system, including violations committed out of state.

You may contact the Department Of Driver Services 678-413-8400, or toll-free 866-754-3687 if calling from outside metro-Atlanta. Representatives are available Monday through Friday, 8:00 am until 4:15 pm to assist with reinstatement questions.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

What happens when you follow too closely?
Tailgating increases your risk of a road accident in several ways. Reduced visibility. Following closely behind another car, or a larger transport vehicle means you can’t see the road ahead and respond to upcoming changes in traffic. Reduced reaction time.
If a motorist accrues 15 points within a 24 month period, the DDS will automatically suspend their license. Out of state violations also count towards the total amount of points. Any of the following convictions may result in a suspended license for drivers under 21: racing, reckless driving, 4 or more points from improper passing or unlawful passing of a school bus, exceeding speed limit by 24 or more miles per hour, aggressive driving, driving under the influence, eluding an officer, misrepresenting I.D. or age, hit and run, or purchasing alcohol. Those under 21 face even stricter guidelines. For drivers under 18, only 4 points from any violation will result in a suspension.

Great communication, always kept us updated on the case! Followed up when they said they would or earlier. Very nice and professional!! Worked hard for us to get us taking care of.
If you are convicted of speeding or some other driving-related offense, the Georgia Department of Driver Services (DDS) could add points to your driving record. Since 15 or more points within a 24-month period will result in a license suspension, you may be wondering how long you have to wait before these points come off your record. If you don’t live in Georgia, but receive a ticket in the state, you might wonder how the violation will affect your out-of-state driving record. You will still receive the same amount of points, based on the violation, as an in-state driver. However, the amount of time the points remain on your record depends on your home state: It’s very important to know, however, that even though points can come off or be removed from your record, a violation on your record does not get removed.

How long do you have to wait to drive with friends in Georgia?
For the first six months of the provisional license, only immediate family members can ride in the car with the driver. During the second period of six months, only one non-family member under the age of 21 can be in the vehicle with the driver.
The violation that led to points on your record does not get removed, even when the points come off. Some auto insurance companies will look at your driving record when you apply for a policy or renewal is coming up. Insurers don’t always look at points, but they will still see the record of one or more violations. If an insurance company sees points or violations on your account, they may view you as a potential liability and greatly increase your premium.Alaska, New Jersey, Oklahoma, Pennsylvania, and South Dakota take points off after a certain period of violation-free driving. You can contact your local DMV to learn more. Either way, you’ll need to pay a $3.00 fee for a three-year history or $8.00 for a seven-year history. This report will show the number of points on your driving record and when they were added. If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible. Fill out the form below to get started for free.The purpose of driving record points is to punish moving violations, such as speeding, running a stop sign, or reckless driving. Any of these can result in an Atlanta car accident and injuries to yourself or other drivers.

How many points do you need to lose your license in GA?
15 points How many points will suspend your license? A driver with 15 points in a 24 month period will have their license suspended. Licensed Georgia residents may request that the Department of Driver Services reduce the number of points assessed against their Georgia driver’s license.
In Georgia, points remain on a driver’s record for two years. However, they drop off at the two-year mark from the exact date each point was added. That means if you receive more than one ticket at different times, some points may come off sooner than others.

John Foy & Associates has been representing car accident victims in Georgia for more than 20 years, and we believe you deserve full compensation for your damages. To learn more and schedule a FREE consultation, call 404-400-4000, or visit our contact page today.
If you want points to come off your Georgia driving record before the two-year period is up, you can legally request a points reduction (of up to seven points) once every five years. However, you must meet certain criteria before making this request. To request points off your driving record, you must:

Traffic violations come with a certain number of points, ranging from one to six, depending on the severity of the violation. If you accrue at least 15 points within 24 months, you will face a driver’s license suspension.
A suspension means your driving privileges will be temporarily revoked for a certain period of time. You will have to wait until the suspension is completed before applying for the reinstatement of your driver’s license. Reinstatement will include a fee along with other requirements.Moving violations of any kind that lead to a car accident can result in painful injuries and expensive vehicle damage. If you were hurt in a car accident because of someone else’s driving mistakes, our Atlanta car accident lawyers can help.

You may be able to avoid incurring points on your driving record altogether. If you commit a moving violation, some judges will give you the option of finishing a six-hour defensive driving program. If you can show proof of finishing this program, your ticket may get dismissed or never processed. It will be as if it never happened.I truly appreciate the hard work My lawyer Duncan and Shanita did for Me! It was definitely a lengthy process, but anytime I would have a question or concern. I would email either Duncan or Shanita and they would ALWAYS get right back with Me. My case has finally been settled and for the damages and pain i experienced from the accident, I think I got a really good amount. I would highly recommend them to anyone who finds them in this type of unfortunate situation! thank you all again, and stay safe!The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

If you aren’t sure about the timeline for any number of points or how many are currently on your record, you can request a Driving History Report. There are three main ways to do this:

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
The Department shall impose the following penalties upon receipt of a conviction of a violation of any of the listed offenses. The offenses can be found within the Georgia Uniform Rules of the Road. The Georgia Point System ranges from 2 to 6 points. A driver with 15 points in a 24-month period will be suspended.Further, if no one was seriously injured and/or there is no suspicion of drugs or alcohol impairment, very little is done to definitively establish how the accident occurred or who was at fault. If you are injured, you should contact a personal injury attorney to discuss your options, regardless of whether you received a ticket or not. Erin H. Gerstenzang is proud of the reputation she has earned throughout Georgia in these areas of the law. With offices located in Atlanta, her team frequently attends court not only in the local metro-Atlanta area (Fulton County) but also in many surrounding areas, including regular appearances in Cherokee, Marietta, Gwinnett, Smyrna, Chamblee, Sandy Springs, Alpharetta, Milton, Johns Creek, Fairburn, Avondale, Duluth, Doraville, College Park, and Decatur. That being said, as the recipient of one of these undeserved traffic tickets, the officer’s lack of attention to detail can be excruciatingly frustrating. This may be one of the reasons you should consider consulting a traffic attorney.

Attorney Gerstenzang is a criminal defense lawyer in Atlanta, Georgia who frequently lectures on legal topics relating to DUI and traffic law. Erin has also co-chaired many DUI Seminars, working closely with nationally recognized experts in her field of practice.
Speak to a traffic attorney today about your options. Even if it is simply for a free consultation, an experienced traffic attorney can advise you about possible defenses and/or strategies for presenting relevant information to the prosecutor when you go to court. A traffic attorney can tell you the general practices of your court and perhaps instruct you on how to avoid potential pitfalls.Most people who go to court without an attorney choose to plead nolo, or no contest. This often sounds appealing because drivers tend to assume that the negative consequences of a traffic conviction are related to the accumulation of points. Although collecting 15 or more points within a two-year period would trigger a suspension, most drivers have far fewer than 15 points on their driving history.

Most responding officers do not have sophisticated accident re-constructionist training. Although there is a very advanced course that traffic investigators can enroll in, it is a relatively significant academic endeavor that most patrol officers have not yet attempted.

What is the penalty for following too closely in Georgia?
Following Too Closely is a misdemeanor offense in Georgia. That means that it carries a maximum penalty of up to one year in jail or on probation. Cached
However it can often be over-used, especially when the accident involved three or more vehicles. Many three-car collisions occur when the first vehicle is forced to stop short, and the car immediately behind the first vehicle would have been able to stop in time if he/she hadn’t been pushed forward by the third car in the rear!

The average citizen is frequently surprised to learn how perfunctory and abbreviated a standard, run-of-the-mill, injury-free traffic accident investigation is. This is in part, because these types of accidents (where no one was injured) are not prioritized in the same way that more serious accidents are — which from an efficiency perspective, makes a whole lot of sense.(e) This Code section shall not apply to the operator of any non-leading vehicle traveling in a coordinated platoon. For purposes of this subsection, the term “coordinated platoon” means a group of motor vehicles traveling in the same lane utilizing vehicle-to-vehicle communication technology to automatically coordinate the movement of such vehicles. Atlanta Traffic Ticket Lawyer Sean Goldstein represents Georgia drivers and helps them fight following too closely citations issued in Metro Atlanta. Contact us for a free consultation with our experienced following too closely citation defense attorneys. If you received a following too closely citation or any other traffic ticket in Atlanta, or anywhere in the State of Georgia including Gwinnett County, Dekalb County, Fulton County, Cobb County, or Douglas County, or in the cities of Atlanta, Alpharetta, Brookhaven, Chamblee, Doraville, Douglasville, Dunwoody, Duluth, Johns Creek, Lawrenceville, Marietta, Norcross, Roswell, Sandy Springs, or Suwanee, call us at (678)-757-5529 for a free consultation or Contact Goldstein Law Group online.Atlanta Ticket Lawyer Sean Goldstein helps Georgia drivers fight following too closely citations across the metro area. There can be many reasons why a rear-end collision happened. It is up to the police at the scene to decide if a driver should receive a following too closely citation. Because this determination is incredibly subjective, you need an experienced traffic attorney to help you fight your case. We can save you hundreds or thousands of dollars against the possible rise in your car insurance rates by being found guilty or pleading nolo contendere to your following too closely citation.

We are a Gwinnett County-based law firm that specializes in Gwinnett County traffic ticket defense. We help people charged with speeding tickets, traffic citations, shoplifting citations and marijuana felonies in the metro Atlanta area on a weekly basis. A following too closely citation is given for driving behind another vehicle more closely than is “reasonable and prudent” given the current circumstance. The citation can be issued when a rear-impact collision results in an auto accident between two or more cars. A following too closely citation will then be issued to the at-fault driver. It is also often charged in a DUI or marijuana possession case and is cited as the reason why the officer initiated a stop of the driver. Mr. Lawson is outstanding. He was professional, attentive to any requests, and got the outcome I wanted but thought was unachievable. I had been arrested for a DUI. The case was very difficult, intricate, and was seemingly without hope, but Mr. Lawson was able to get the charges drastically reduc… Read OnMany accident cases result in a driver being charged with Following too Closely. This is the default ticket in a rear end accident case. It is also often charged in a DUI case as there has to be some initial traffic offense for the officer to initiate a stop of the driver. Be very cautious if you are ever following a friend or family member home and remember to leave plenty of room between vehicles.Client was a resident of New York who was arrested while he was visiting Georgia for pleasure. He was charged with DUI, Reckless Driving, and Speeding 37 MPH over the speed limit. We were able to get the client an unbelievable outcome in Hampton, Georgia. His DUI dismissed, his speeding ticket wa… Read On

How many points is following too close in Georgia?
3 points Points ScheduleCode SectionOffensePenalty40-6-49Following Too Closely3 points40-6-50Driving Within Gore or Improper Entry to Controlled Access Highway3 points40-6-51Improper Use of Controlled-Access Road3 points40-6-51(a)(1)Improper Use of Controlled-Access Road3 points
When there is a accident with a DUI, you are facing enhanced punishments in court. You are also facing a more difficult case to defend. The accident itself can show that you are a less safe driver, which has to be shown to prove the case against against you. Also, following too closely can serve as probable cause for your Georgia DUI Arrest. Georgia DUI Lawyer Richard Lawson can help.If you are charged with a DUI in Georgia, you have 30 days to decide on whether to appeal your automatic license suspension or install an ignition interlock device on your vehicle. This decision should not be made without first consulting with a top-rated Georgia DUI Attorney. We are here 24 hours a day, 7 days a week because your problems should not have to wait until Monday Morning. Your Best Defense Begins Here!

Generally a following to closely charged is related to a car accident. Generally it involves a rear-end collision. When there is an accident with a DUI, the stakes are high. DUI cases that involve accidents are difficult to defend and need the attention of the best lawyers in Georgia. We are here to help 7 days a week, 24 hours a day because your problems should not have to wait until Monday morning. Call now for immediate help.This case was in Helen Municipal Court. The client was charged with a DUI and four counts of DUI Child Endangerment. In Georgia, for every child under the age of 14 in a vehicle it is considered a separate DUI offense. The client would have been declared an habitual violator from one arrest an… Read On

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!
Richard was not the first lawyer I spoke with after my DUI charge, but he was the last when searching for representation. This was my very first time encountering any sort of legal dispute so I had no idea what I was doing and I was very scared. Richard was very friendly, down to earth and consol… Read On

The simple answer is absolutely “YES.” Richard Lawson is a former Georgia DUI Prosecutor with more than 25 years experience defending DUI cases involving accidents and following too closely cases. You can read his reviews on AVVO, where you will find he is Georgia’s top-rated DUI Attorney. No office is more qualified to help you evaluate and win your Georgia DUI cases. Our experience is the difference. Our customer service and attention to detail is also the difference.
Not only did Richard Lawson and his very capable associate get my DUI reduced to reckless driving with parole, but he did something that I didn’t think was possible. I was stopped for a moving violation recently. The police arrested me because they showed my driver’s license had been suspended. H… Read On

Client was charged with a suspended license because he did not reinstate his privilege to drive after the expiration of his restricted license. Per my advice, the client properly reinstated his license the day after he was charged. Case Dismissed in Cobb County State Court. Read On
When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates. We will work tirelessly to help you while compassionately holding your hand throughout the entire DUI Defense Process.While many individuals choose to plead no contest in a court of law to such a charge and hope for the best consequences, it is a frequently a better idea to retain the services of a skilled accident attorney who knows how to create a strong legal strategy in response to such a charge to avoid record of this incident being placed on the individual’s driver’s license.

In a number of other situations, Georgia law enforcement is known to assign motor vehicle drivers citations for following too closely when in fact an accident investigation was not thoroughly performed and the individual was not following too closely. In several types of accidents, following too closely citations can be overused.

In a number of cases, individuals are able to argue that law enforcement simply lacks sufficient evidence to prove that an individual is liable for following another motor vehicle too closely. If no one was seriously injured and law enforcement does not believe that either drugs or alcohol were present, law enforcement will not conduct a thorough investigation to determine how the incident occurred or which party was liable.
The applicable Georgia law states that motor vehicle operators in Georgia should not follow another motor vehicle more closely than is “reasonable and prudent”.There are a variety of penalties that individuals can face as the result of following too closely. Individuals can expect to have three points on their driver’s license. The accumulation of fifteen or more points on an individual in the state of Georgia’s driver’s license within a twenty-four month period can result in that individual’s driver’s license being suspended.

While there are certainly ways to fight a charge of following too closely, the best way to avoid a conviction of following too closely is for an individual to use their best judgment. If an individual thinks that they are following so close behind a motor vehicle that if the other driver were to break suddenly that a collision would occur, the individual is likely following too closely.
If an individual is being followed too closely by another individual, the best idea is to move to another lane if at all possible. If there is not an available lane, motor vehicle drivers should slow down and allow the other driver to proceed ahead. Motor vehicle operators who drive off the ride should make sure to signal when the individual exits and returns to the road.A conviction for following too closely can also later be used against an individual in a lawsuit to establish liability for an accident. Individuals can also expect their insurance rates to increase as the result of being charged with following too closely. Furthermore, individuals who drive for a living might face employment difficulties due to being charged with this offense. Given these significant consequences, individuals charged with following too closely frequently find it essential to retain the services of skilled legal counsel.Motor vehicle drivers can implement the “three-second rule” by using a fixed object on the road. When the driver’s vehicle passes the fixed object, the motor vehicle driver should slowly count from one to three. If the motor vehicle driver reaches the object before then that vehicle operator is following too closely. In adverse weather conditions and heavy traffic, motor vehicle drivers should make sure to double the three-second rule for the purposes of added safety.

Do points fall off your license in Georgia?
In Georgia, points remain on a driver’s record for two years. However, they drop off at the two-year mark from the exact date each point was added. That means if you receive more than one ticket at different times, some points may come off sooner than others.
If you are charged with following too closely, it is often a wise idea to obtain the services of a knowledgeable traffic attorney like the legal counsel at Yeargan & Kert, LLC. Our legal counsel has significant experience helping individuals defend against following too closely citations. One of our seasoned traffic attorneys can advise you about the possible defenses used to respond to a charge of following too closely and will help make sure that your case reaches a positive resolution. Do not hesitate to contact our law firm today. Contact Yeargan & Kert, LLC.In many cases, following too closely citations are the default type of citation for rear-end motor vehicle collision cases. A number of these cases involve motorists who were driving a motor vehicle while under the influence of alcohol or drugs because law enforcement requires an initial traffic offense in order to conduct a driving under the influence stop.Following too closely tickets are often issued only when there has been a motor vehicle accident involving a rear-impact collision. Motor vehicle drivers who receive these citations, however, are not always guilty of following another motor vehicle too closely.There are several pieces of advice that motor vehicle drivers in the state of Georgia are advised to follow in order to avoid following other motor vehicles too closely. One of the best pieces of advice involves following the “three-second rule”.

Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. While instructional permits have been around for a while, it is the provisional license step and the delayed issuance of the fully privileged license that are the marks of Georgia’s graduated driver licensing program. Just because a teenager has a license to drive doesn’t mean that they’ll always get from point A to point B safely. Teen drivers have relatively little experience and are much more likely to be distracted behind the wheel than other motorists. Once a driver reaches the age of sixteen and they have met all requirements, they are eligible to apply for a provisional Class D license. While this license does allow the driver to operate a motor vehicle without the supervision of an adult 21 years of age or older, there are still many other restrictions that need to be closely followed. Furthermore, there are several requirements a driver with an instructional permit must fulfill before they can move on to a Class D provisional license. First, the driver needs to hold an instructional permit for at least one year and one day before they can apply for a provisional license. They also need to have accumulated at least 40 hours of supervised driving time, six of which need to have taken place at night.After three years of successful driving—one with an instructional permit and two with a provisional license—and upon turning 18, drivers can apply for the fully privileged Class C license. For more information, please contact the Atlanta car accident law firm of Hasner Law P.C. at our nearest location to schedule a free consultation today. Hasner Law, PC is a personal injury law firm serving Atlanta, Savannah, and it’s surrounding areas. We have over 80 years of combined experience and handle all injury cases, including workers’ compensation claims. Contact us today for help.In turn, car accidents involving teenagers are incredibly common. The good news is that while many teens do share some degree of blame for these crashes, that’s not always the case. And, under Georgia’s modified comparative fault system, sharing blame won’t necessarily bar a financial recovery. While the Class C license does not have any restrictions that come with it, drivers still need to follow all the rules of the road, including those relating to cell phone use, texting, and drinking and driving. Getting a driver’s license is a rite of passage for teens all over the country. However, dating back to the 1990s, that rite of passage has been broken up into three stages by what are known as Graduated Driver Licensing programs. These programs became popular as many states enacted laws restricting the licenses of new drivers and setting higher age and experience requirements for full privilege driver’s licenses.

Georgia, like many other states, has its own graduated driver licensing program that permits drivers of different ages various privileges. In Georgia, there are three distinct stages in the licensing program:
The laws governing teen drivers with an instructional permit are well known by many. After submitting all required documents, passing a vision and knowledge exam, and paying the instructional permit fee, 15-year olds in Georgia are issued a permit that allows them to operate a motor vehicle.

The best thing to do if your teen is involved in a car accident in Georgia is to turn to an experienced personal injury lawyer for assistance. Your lawyer can offer the guidance you need during this tough time, help you fight to recover compensation that your family may need and deserve, and defend you against allegations that your teen is at fault.
At Hasner Law, PC, our injury lawyers primarily serve the following localities: Vinings, Buckhead, Underwood Hills, Atlantic Station, Midtown, Downtown Atlanta, Grove Park, Inman Park, South Atlanta, East Atlanta Village, West End.What does this really mean? The key is to make sure you always have enough stopping distance – meaning the time it will take you to stop your car including factors such as your reaction time, the weight of your vehicle, and road conditions like surface, grade, and moisture.

Leave lots of time for travel to avoid time pressure. Remember to leave extra time to accommodate any construction along the way, rush hour traffic, or weather issues.
Safety aside, there are real legal consequences to following too closely. Although there are no fixed legal guidelines, law enforcement generally uses the rule of one car length of distance for every 10 km/h – meaning that on a 50 km/h residential road, there should be at least 5 car lengths between you and the car in front of you.Always take weather and road conditions into account, too. If visibility is low, your reaction time may be longer; if rain or snow is on the road, your ability to stop quickly may be compromised. Three, four, or even five seconds between you and the car in front of you might make for a good following distance in these cases.

There’s no fixed distance or time that should be left between cars on the road, according to Ontario law. Section 158 of the Ontario Highway Act simply states that drivers should follow other cars at a distance that is “reasonable and prudent, having due regard for the speed of the vehicle and the traffic on and the conditions of the highway.”

Is Georgia a one way consent state?
Georgia’s wiretapping law is a “one-party consent” law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation “originat[ing] in any private place” unless one party to the conversation consents. See Ga.
Safety experts recommend a minimum of two seconds between cars. Watch for the car in front of you to pass a signpost or other marker, then count two seconds off slowly. If you pass the marker before you’re done counting, slow down and leave more space. We’ve all been there – feeling late, a little rushed, pressured by heavy traffic, and then suddenly noticing that we’re a little too close to the car in front of us. But maintaining a safe distance from other vehicles shouldn’t be an afterthought on the road. When it comes to safety – and to legal consequences – following too close should always be top of mind. Sharp-eyed readers may note how similar this is to the “reasonable person” standard used for determining liability when there are no broken laws at all to help clarify things. Nevertheless, if you’ve been rear-ended by a driver who was following too closely, statute 40-6-49 is still your friend. While road conditions and other factors must be taken into account to determine a “reasonable” following distance, this statute helps start things off in your favor. After all, if someone can’t brake in time to avoid crashing into you from behind, that’s strong evidence in and of itself that they were following unreasonably closely. To prove otherwise, they’ll need to make a pretty compelling argument as to how the crash was caused by something else — something they couldn’t reasonably account for when setting their following distance.

What is the following distance rule in Georgia?
Can I get a ticket for not following the three second rule? The State of Georgia explicitly prohibits following too closely or tailgating, when operating any vehicle. Depending on the situation drivers could be given a ticket for reckless driving or other serious moving violations.
With the Wetherington Law Firm, you don’t have to worry about how you’re going to pay for representation. It’s our job to get you the money you need, not the other way around. The only payment we accept is a contingency fee from the settlements we win for our clients, meaning we only get paid after we get results. We know the time between an accident and a final settlement is full of unexpected and tough-to-manage expenses, and we’ll never add to that burden.If you’re looking for a lawyer who’ll go above and beyond to help you right a wrong that’s bigger than yourself, you’ve come to the right place. We welcome cases that give us the chance to get to the bottom of a problem and solve it before more people can be hurt. If the driver who rear-ended you was driving for a company at the time, for example, we’ll look into their hiring and training policies to figure out if this was an isolated incident or a pattern. If similar accidents have happened on the same stretch of road, we’ll investigate possible flaws in the infrastructure and push to have them fixed. To learn more about how your case might be able to help your community, give us a call today at 404-888-4444!Legally and emotionally, fatal accidents are a different animal entirely. The Wetherington Law Firm can help you find justice for your lost loved one with a wrongful lawsuit, but these come with their own rules. Click here to learn more about how wrongful death works.

For general following distance, yes, but for tow trucks, tractor trailers, and any other vehicle that’s pulling another vehicle, 40-6-49 offers a few more specifics.
Last week in our ongoing series on Georgia’s rules of the road and how they can be used to establish negligence per se, we discussed statutes 40-6-47 and 40-6-240, which concern one-way streets, lanes, and traffic circles. This week, we’ll talk about 40-6-49, which deals with following the driver ahead of you too closely.Of course, not all situations are as clear-cut as that. Proving negligence can be a tricky and subjective matter, because it’s based on the reasonable person standard. Negligent behavior is behavior a reasonable person would not engage in, because of the obvious risk of causing harm. The rules of the road can be an invaluable tool for determining liability after an accident. Under normal circumstances, in order to receive a settlement for an injury, a plaintiff must not only prove that the defendant caused the injury, but that they did so while behaving in a negligent manner. For example, a driver who runs someone over while drunk is obviously negligent, while a driver with no history of seizures who runs someone over while having one for the first time has done nothing wrong, even though the person who was run over is just as hurt. That doesn’t mean you have to leave car-lengths of distance between your vehicle and the one in front of you while stopped at an intersection, just that you need to keep enough distance to avoid accidents. That’s where the “reasonable and prudent” distance actually makes a lot more sense than a set number of feet. The amount of space necessary for safety in a stopped lane in front of a red light is far different from the amount necessary while moving at full speed on the freeway.