DUI Lawyer | Joel Brand, Esq.

VC 21703 – Following Too Closely

In California, maintaining a safe distance between vehicles is a fundamental aspect of road safety. California Vehicle Code (VC) § 21703 addresses the issue of following too closely, a practice commonly known as tailgating. This article provides an in-depth look at VC 21703, including its legal requirements, the implications of non-compliance, and potential defenses if you are cited under this statute.

What Is VC 21703?

California Vehicle Code § 21703 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 vehicle and the traffic upon, and the condition of, the roadway.”

In simpler terms, VC 21703 requires drivers to maintain a safe and reasonable distance from the vehicle ahead. This distance should be sufficient to allow for sudden stops or emergencies and should consider factors such as the speed of travel, road conditions, and traffic density.

Purpose and Scope of VC 21703

The primary goal of VC 21703 is to prevent rear-end collisions and enhance road safety. Tailgating reduces the time and space available for drivers to react to sudden changes in traffic conditions, increasing the risk of accidents. The law emphasizes that following distance should be adapted based on various factors, including:

  • Speed: At higher speeds, a greater following distance is necessary to ensure safety.
  • Road Conditions: Wet, icy, or uneven road surfaces require increased following distances to account for reduced braking efficiency.
  • Traffic Conditions: Congested traffic or the presence of other vehicles can necessitate adjustments in following distance to prevent collisions.

Legal Implications of Violating VC 21703

Violations of VC 21703 are classified as infractions and carry several potential consequences:

  1. Fines: The standard fine for a VC 21703 violation can vary depending on the county and local ordinances but typically starts at around $200. This amount may increase with additional court fees or penalties.
  2. Points on Driving Record: A violation of VC 21703 may result in one point being added to the driver’s record. Accumulating points can affect insurance premiums and, in extreme cases, may lead to license suspension if too many points are accrued within a specific period.
  3. Insurance Costs: Points on your driving record can lead to increased insurance rates, as insurance companies often raise premiums for drivers with traffic violations.

Factors to Consider for Following Distance

When assessing whether a driver was following too closely under VC 21703, several factors are considered:

  • Speed of Traffic: Higher speeds generally require greater following distances to provide adequate stopping time.
  • Road Conditions: Poor road conditions necessitate more space to accommodate longer stopping distances.
  • Vehicle Type: Larger vehicles, such as trucks, require more space to stop compared to smaller vehicles.
  • Driver’s Reaction Time: A driver’s ability to react quickly to sudden stops or emergencies is crucial in determining safe following distances.

Common Defenses Against VC 21703 Charges

If you are cited for violating VC 21703, several defenses may be available:

  1. Safe Following Distance: Demonstrating that you maintained a reasonable and prudent following distance given the specific circumstances of the road and traffic conditions can be a strong defense. Evidence such as dashcam footage or witness testimony may support your claim.
  2. No Impairment or Distracted Driving: Showing that you were not impaired or distracted at the time of the citation may help establish that any perceived tailgating was not due to negligence or unsafe driving practices.
  3. Emergency Situations: If you were following closely due to an emergency situation, such as needing to avoid an obstacle or respond to sudden traffic changes, this may be a valid defense.
  4. Faulty Observation: If the citation was based on an incorrect observation by the citing officer, you might contest the charge. For example, if the officer misjudged the distance or did not accurately assess the traffic conditions, this could be relevant.
  5. Erroneous Citation: In some cases, errors in the citation itself, such as incorrect information or misidentification of the vehicle, may be grounds for contesting the charge.

Legal Advice and Representation

Handling a VC 21703 citation may involve complex legal considerations, especially if there are additional factors or previous infractions involved. Consulting with an experienced traffic attorney can help ensure that your rights are protected and that you receive a fair outcome. An attorney can assist with evaluating the evidence, presenting a defense, and negotiating with prosecutors or courts.

Conclusion

California Vehicle Code § 21703 plays a crucial role in maintaining road safety by regulating the distance drivers must keep between their vehicles. Understanding and adhering to this law helps prevent accidents and legal issues. If you receive a citation under VC 21703, seeking professional legal advice can assist in managing the situation effectively and mitigating potential consequences.

Citations