07.744 — FOLLOWING LAW/TAILGATING

Violations of "Statute 7.744" results in an Infraction and a fine of $65

(a) Definitions

Following too closely, also known as tailgating, refers to the act of operating a vehicle so closely behind another vehicle that there is insufficient distance between the two to allow for proper reaction time or to avoid a collision in case of sudden braking. The law requires a safe following distance to ensure drivers can react to emergencies or changes in traffic conditions.

(b) Elements

To establish the offense of following too closely (tailgating), the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a vehicle on a public road or highway.
The defendant was following another vehicle at a distance that was considered unsafe under normal driving conditions.
The defendant’s following distance created a potential hazard for the defendant or other drivers on the road.
The defendant knew or should have known that they were following too closely and failing to maintain a safe stopping distance.

(c) Defenses

Defenses against a charge of tailgating may include:

The defendant was driving in adverse weather conditions, where maintaining a safe distance was difficult but reasonable under the circumstances.
The defendant’s vehicle was forced into a tailgating position due to heavy traffic or construction, which made it difficult to maintain an adequate distance.
The defendant was driving a vehicle that requires a longer stopping distance, such as a commercial truck, but made reasonable efforts to maintain the safest distance possible.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant was tailgating at high speeds or in heavy traffic, significantly increasing the risk of a collision.
The tailgating was accompanied by other reckless driving behaviors, such as sudden lane changes or speeding.
The defendant’s actions caused or nearly caused an accident or traffic hazard due to the unsafe following distance.

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(a) Definitions

(b) Elements

To establish the offense of following too closely (tailgating), the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a vehicle on a public road or highway.

The defendant was following another vehicle at a distance that was considered unsafe under normal driving conditions.

The defendant’s following distance created a potential hazard for the defendant or other drivers on the road.

The defendant knew or should have known that they were following too closely and failing to maintain a safe stopping distance.

Defenses against a charge of tailgating may include:

The defendant was driving in adverse weather conditions, where maintaining a safe distance was difficult but reasonable under the circumstances.

The defendant’s vehicle was forced into a tailgating position due to heavy traffic or construction, which made it difficult to maintain an adequate distance.

The defendant was driving a vehicle that requires a longer stopping distance, such as a commercial truck, but made reasonable efforts to maintain the safest distance possible.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant was tailgating at high speeds or in heavy traffic, significantly increasing the risk of a collision.

The tailgating was accompanied by other reckless driving behaviors, such as sudden lane changes or speeding.

The defendant’s actions caused or nearly caused an accident or traffic hazard due to the unsafe following distance.