I was in an accident, hit another car from behind. I was not following to close. over 1 length/10mph I received a citation for following too close in the mail. Officer was not there. can I fight this?
by 
cgattor
ANSWERS: 3
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Were the conditions bad? If so, the 1 car length per 10mph isn't applicable. The person that rear ends the other driver is almost always held at fault for the accident. It is the discretion of the officer to write a ticket, and in this case the officer felt the need to write it. Because he wrote it the ticket, he had to give a reason. This is probably a better reason for your record and is a natural assumption. Otherwise, he could conclude you weren't paying attention to the road and give you a citation for 'reckless driving' which is probably more serious than what you got. You can try to fight it, but I don't think there is much of a chance you'll win. You could maybe even end up with a higher offense.
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Sorry, good luck. I got behind someone who drove really slow for no reason, for a couple of blocks, then suddenly sped up (I, relieved, sped up, just to the limit), then, right away, he slammed on the brakes about 2 houses ahead of an upcoming stop sign. There is a scam of this, and I had a bad feeling, (cars weren't badly damaged and no one hurt)and did share my feelings with the policeman. And sure enough, few days later this guy is all over my insurance co. with back probs. In his case it didn't work, all he got was one day off work with pay. But, even though it was obvious what the guy was up to, it couldn't be proved, and while the cops were on to him and he'd need a lot of balls to try it again there, fact is that legally, I being the car behind, was at fault, obviously I was too close or I wouldn't have hit him. If the damage was on the front of your car and the back of his, I wouldn't bother to try to fight it.
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I cannot think of a single incident accident that the driver from behind was not at fault in a crash. you are to have your vehicle under control at all time. its state law in all the states. Citations in the mail, at this time, in Tennessee, are not legal. your state may be different. You really stand no chance of winning in court.
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