Page 1 of 3
Fined for driving too close to a cop car
Posted: Wed Jul 04, 2012 4:50 pm
by DaReeD
Was driving 90 on 100 zone behind a cop car. I can't believe it got a fine today for driving too close to a cop car.
Apparently I was driving 5 metres behind him. He said you need at least 3sec gap, my dillemma is is it worth going to court about it? I got fined $397 and 3 demerit points -.-
Posted: Wed Jul 04, 2012 4:55 pm
by bd-850
3 seconds is a fair way. at any speed really.
is it worth fighting, no not really, unless you have thousands to fight it and MAYBE get off. but of you fight it, you will become cop bait. its sad but its true
Posted: Wed Jul 04, 2012 5:02 pm
by The X
I think you'll find the offence is driving to close too "A" car. Not just a cop car, but tailgating ANY car is technicaly a breach of road rules.
5 metres is a tad close for 90km/h - definitely no chance of stopping in time if he had to slam the brakes on....
As for going to court over it, if you get a sympathetic magistrate who might look kindly on your exemplary driving record. Meaning no past demerit points in the past. Slight chance you'll beat it.
Though one thing you always hear magistrates say, never self represent as those that self represent just cock up the case.
Get a lawyer. If anything the lawyer might get you off due to procedures not being followed or a technicality more than anything as is the case with these court matters. cop not showing up, not filling the slip out correctly, etc.
Remember the magistrate can quite easily increase the penalty and you'd have to pay a court fee of around $70 and waste the entire day waiting in magistrates court for your case to come up, so that's a day of earnings lost for you.
Tho tailgating at 90km/h I don't think you will get too much sympathy from a magistrate. If you were tailgating in traffic going at a relatively slow speed, then maybe you'd have a chance of beating the offence.
If it was me.. I'd wear it.
Posted: Wed Jul 04, 2012 5:06 pm
by LZY_EYE
You could try sending a letter of appeal in... if you have a good record you may get a warning.
If that fails cough up the fine and take it on the chin.
I wouldn't bother fighting in court.
Posted: Wed Jul 04, 2012 5:06 pm
by dannyboi
At 90 kph, you would've had to provide a gap of about 75 metres using the 3-second rule. Closer than say 50 m would probably be tailgating.
Posted: Wed Jul 04, 2012 5:13 pm
by Longinus
You were too close to the cop car (or any car for that matter) at that speed, therefore not maintaining a safe driving distance. If something were to happen to the car in front, you would most likely be too slow to react safely and cause a greater problem. The fine issued was for your own safety (although a warning would have been enough). Consider yourself better educated and more aware with your life still in your hands.
Refer to Page 9 of this
document by the RTA.
Posted: Wed Jul 04, 2012 5:41 pm
by bongo
If everyone followed the 3 second rule on the freeway, no one would be moving. It's a stupid rule that doesn't work in the real world.
Fight it!
Posted: Wed Jul 04, 2012 6:02 pm
by PsyTrix
sounds like he needed to grab his quota - Ive had cops driving up close behind me many times. I'd fight it on principle.
Posted: Wed Jul 04, 2012 6:03 pm
by tencents
YOu can only downgrade to a warning only if you send a letter providing you have a 10 year good/clean record.
Posted: Wed Jul 04, 2012 6:43 pm
by ijustatecurry
Unfortunately by the book you are inpinging on the "crash avoidance space" by being <3sec behind a car in a 100km/h zone. It's all a bit fuddy duddy, but its the standard responsible driving technique they teach. 2 secs behind in 60km/h zone, 2.5 secs in 80km/h zone and 3 secs in 100km/h. Add 1 sec for adverse conditions such as wet weather or night time. All extremely conservative measures but i think by the book they have got you unfortunately. It may not be worth the extra costs involved in fighting it through the courts imho, but take whatever action you feel is worth the risks/rewards
Posted: Wed Jul 04, 2012 6:48 pm
by WTR
Posted: Wed Jul 04, 2012 8:15 pm
by noo$h
sounds like he was just looking for a reason to fine you. ive had cop cars come up really close behind me before and ive even had a friend who was tailgated by an undercover cop car and so when he sped up to change lanes and get out of the way he got fined for speeding!
Posted: Wed Jul 04, 2012 9:24 pm
by BeHaV3
Sounds like a reasonable fine.
5 meters at 90 kph.... That's 25 metres per second.
Allow Half second reaction time should the guy in front brake test you... One bent CJ and your insurance paying to fix a government car as well as your own.
Look at it this way: is the fine less than your insurance excess? If he really wanted to be a b@$7@rd the brake test could have been on the menu!
The old British driver training message......
"Only a fool breaks the 2 ( or 3) second rule"
( it takes 2 seconds to say this saying in your head, and allows you to know you are 2 seconds behind a car by starting the saying once the car in front passes a fixed point before you reach the same fixed point, the fixed point being, say, an overhead bridge or road sign)
Posted: Wed Jul 04, 2012 10:04 pm
by aussie027
Johnny mate, you deserved it.
]That is just downright dangerous!!!
5m space when you are doing 25m/sec!!
you have got to be kidding.
If anyone tailgates me at ANY speed they will get the Crap scared out of them and well and truly woken up when I tap the brakes to get them off my tail.
I value my car and life maybe more than most so I wont tolerate that nor do I do it to anyone else.