Legal Question in Traffic Law in Virginia

Following to close

What is the distance between two cars moving on the interstate before you can be charged with tailgating?


Asked on 11/27/07, 2:08 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Following to close

Section 46.2-816 of the Virginia Traffic Code addresses this situation as follows:

The driver of a motor vehicle shall not follow another motor vehicle, trailer or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.

Like one U.S. Supreme Court justice supposedly said of pornography, i.e., something to the effect that one knows it when one sees it, so too, apparently, with this traffic infraction which appears to be largely defined in the eye of the

patrolling law enforcement officer who happens to be going by when it allegedly occurs.

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Answered on 11/28/07, 3:48 pm


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