Legal Question in Traffic Law in New Jersey

Tailgating

A police officer turned into a cul-de-sac where I leved and since I was on my way home, I followed behind. Just before I got to the house where I lived, the officer pulled over to let me pass and then pulled me over. She then gave me a ticket for tailgating.

Is this legal in aresidential neighborhood? Is this a 5 point ticket as I read in previous emails?


Asked on 10/27/07, 10:08 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Tailgating

Apparently you were following close to the rear of the patrol car; if you were too close that is tailgating no matter where it occurs. You need an attorney,

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/27/07, 10:13 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Tailgating

Yes tailgating is 5 points. This is a fact sensitive issue. You have a strong incentive to plea bargain. Of course, the speed in a residential neighborhood is 25 mph so it is not as critical when one follows too closely as at highway speeds where one needs more stopping distance. This is an argument based on the policy (or evil to be avoided) of the statutory section but municipal court judges usually support the officer's credibility on factual determinatons but not always. A lawyer may be needed here.

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Answered on 10/27/07, 11:22 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Tailgating

Yes to both. I suggest you get an attorney.

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Answered on 10/28/07, 10:46 am


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