Legal Question in Traffic Law in Georgia

Following Too Close

I got pulled over for ''following too close'' to a cop. There was a car in front of the cop, then the cop, then me. Both slowed down, then for a moment I gained on him, naturally...then slowed. He pulled me over, asked ''You know the law for following?'' I said ''10 feet for every 10mph''. He said ''no, a car length for every 10mph.'' I want to know what car? Miata or excursion? I asked if he was far enough from the car in front of him, to see if was truly too close, then he pulled out his ticket form! Im fighting this one! Do I have a chance?

Asked on 5/14/05, 10:50 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys
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Re: Following Too Close

Actually, you are both technically wrong. 40-6-49 states:

Following too closely

(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.

(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.

(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.

(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.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

glyon@macgregorlyon.com

www.macgregorlyon.com

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5/16/05, 1:13 pm

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