Follow Too Closely
Section 158(1) of the Highway Traffic Act, RSO 1990, c H.8 states: “If you follow a vehicle more closely than is reasonable without having due regard for the speed of the vehicle, the traffic on the roadwat and the conditions of the highway” you may be charged under this offence.
Ticket Shield is able to defend you against Following Too Closely charges anywhere in Ontario. This offence is commonly issued to people involved in a motor vehicle collision. The definition is fairly specific, but whether or not someone was actually “following too closely” is a fairly subjective term. It is crucial to retain legal representation when it comes to Follow Too Closely charges because it can mean the different between being found guilty or not to a charge with extremely serious penalties. The very low fine is often deceptive. Many people are surprised to find out that the charge is considered “major”.
The penalty for Follow Too Closely is as follows:
Penalty:
- Minimum Fine: $85.00
- Maximum Fine: $500.00
- Demerit Points: 4
- A “major” conviction on your record
Follow Too Closely for Commercial Drivers
This is one of the only offences in the Highway Traffic Act that has a different set of rules for Commercial Motor Vehicles. The law states that if someone is commercial motor vehicle driver is driving 60 kmph or more, they are REQUIRED to leave 60 meters between them and the vehicle ahead of them. This becomes very difficult in stop and go traffic, or if the vehicle ahead of them has fluctuating speeds. Regardless, the charge can be laid in these situations and makes it a little less subjective than the “normal” version of the offence. This version of the ticket will also carry 5 CVOR points.
Will a conviction affect my Insurance Rates?
Most definitely. Follow Too Closely is classified as a major offence by insurance companies. If convicted of Follow Too Closely, your insurance could be affected for up to 3 years or more. In most cases, even one conviction of Follow Too Closely can cause your insurance rates to increase by thousands of dollars per year, or a future denial of your policy renewal.
Is a “Momentary Inattention” enough to convict you?
Follow Too Closely is a complicated offence to defend against. There are specific principles that apply to the offence which can mean the difference of whether or not you are convicted.
If this charge was issued as a result of an accident, the standard of which the defendant’s ability to drive is measured is not based on “perfection”. The driver’s ability is measured against a “reasonable” standard or skill of the average person. A mere momentary inattention or error in judgment is generally seen as insufficient to justify a conviction of this very serious offence. In instances that involve an accident, the fact that a serious injury, or death, has resulted from the accident, is generally not relevant to the assessment of whether or not there was a departure from the reasonable standard of care when making a decision about Follow Too Closely. Even inadvertent negligence is not necessarily enough to warrant a conviction of Follow Too Closely.
How will Ticket Shield help you fight your Follow Too Closely Charge?
Ticket Shield spends the necessary time on your case with the purpose of eliminating the charges completely by having them withdrawn or dismissed. If this is not possible, we will negotiate with the prosecutors to shield your demerit points, protect your license from being suspended, negotiate for the lowest fine available, and ultimately, keep your insurance rates as low as possible.
Ticket Shield begins preparing your defence with requesting a disclosure pack from the prosecutors. We make a very specific request that requires them to provide the Police Officer’s notes, witness reports, radar manuals and calibration notes (if applicable), and any other relevant evidence that they plan to use against you. By obtaining these documents prior to your court date, we can review them with you if we have any questions, and prepare a defence based on all of the information.
We are available to speak with you for a FREE consultation at 1-855-561-3699 toll-free, email us at [email protected] OR Request a quote online: Here.