Legal Question in Traffic Law in Virginia

Prep to fight 46.2-816 Following too closely
Right after making a left turn in the rainy day, I got into a minor fender bender with the car in front of me by rear ending her. The vehicle I hit also just made the turn and then suddendly stopped due to traffic. She also admitted that she barely missed the car in front of her, while my car skid into her's.

When the police was finished, I was issued a summons for � 46.2-816. Following too closely. After doing some research, I came upon the case Wrinn v. State, 646 A.2d 869, 872 74 (Conn. App. 1994), aff'd. which, states that ''Judgment of the Appellate Court, affirmed as plaintiff failed to present any evidence that defendant �followed� his car too closely. The court reasoned that the term �follow� in �14-240 implies the �movement of two vehicles.� There was no evidence that the defendant ever saw the plaintiff�s car in motion. ''

The vehicle I hit was stopped due to traffic, and I was travelling at around 5MPH, the distance which I was from the car in front was reasonably far away given my speed. Now my question is, would I be able to mount my defense by citing this case, the fact that the speed I was travelling at and the distance between the two vehicles was reasonable?

Asked on 11/22/05, 3:57 pm

Timothy Ward Timothy A. Ward, MBA, JD, PC

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Re: Prep to fight 46.2-816 Following too closely

The charge will probably be reduced to "improper driving", especially if you were nice to the policeman.

The Conn. case will probably not help you much in a Virginia court.

Answered on 11/22/05, 4:03 pm

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