Legal Question in Traffic Law in Georgia

Re: charged with following too close

What you have here is two distinct questions of law from one situation. First, the civil aspect of liability my be questioned. There is definately a question of shared liability. You insurance company may choose to not pay for the other car or question whether they are fully responsible. This is something that you should speak with them regarding.

The above concept is also playing a partial role in your thinking of the criminal matter. Following too closely is a "general" charge that many officers use when they assume someone is at fault but not sure exactly how to say it. Theoritcally, your son should not have been in a position where he could not view (even though I understand it was the sun) the entire roadway and proceed safely. If it totalled your vehicle then higher speeds were definately involved. In my opinion, a "too fast for conditions" charge would have been more appropriate. This charge carries less pooints on a lic than the current one.

You need to contact an attorney regarding this ticket. Depending upon your son's age, it may have an impact on his keeping his lic. Also, many courts may consider keeping or treating this charge as strictly civil but that is something that is usually only done at an attorney's request.

Good luck.