🚗 What Is “Following Too Closely”?

In Ontario, under Section 158 of the Highway Traffic Act, you can be charged with “following too closely”—commonly known as tailgating—if you drive at a distance that is not reasonable and prudent, considering:

• The speed of your vehicle.

• The traffic conditions on the roadway.

• The conditions of the highway (e.g., weather, road surface)

While the law doesn't specify an exact distance, a common guideline is to maintain a following distance of at least one car length for every 10 km/h of speed. For instance, at 60 km/h, this would equate to about six car lengths behind the vehicle in front of you. OTT Legal Services

⚖️ Penalties for a “Following Too Closely” Conviction

If convicted of this offence, you may face:

• Fines: Between $60 and $500, depending on the severity of the offence.

• Demerit Points: 4 points added to your driving record.

• Licence Suspension: A 30-day suspension for G1, G2, M1, and M2 drivers.

• Insurance Impact: A conviction can remain on your record for 3 years, potentially leading to increased insurance premiums. 

🛠️ Defending a “Following Too Closely” Charge

There are several potential defenses against a “following too closely” charge:

• Reasonable Distance: Argue that the distance maintained was reasonable given the speed, traffic, and road conditions.

• Sudden Braking: Demonstrate that the vehicle in front of you suddenly braked, leaving you with insufficient time to adjust your distance.

• Mechanical Failure: Show that a mechanical issue, such as brake failure, contributed to the situation.

• Mistaken Identity: Prove that you were not the driver involved in the incident.

Each case is unique, and the applicability of these defenses depends on the specific circumstances.

🛡️ Why Fight a “Following Too Closely” Ticket?

It's crucial to contest this charge because:

• Avoiding Licence Suspension: For novice drivers, accumulating demerit points can lead to a suspension.

• Protecting Your Driving Record: A conviction can remain on your record for 3 years.

• Preventing Insurance Premium Increases: Insurance companies may raise rates based on your driving record.

📞 Contact Us for a Free Consultation

If you've received a “following too closely” ticket, don't navigate the legal process alone. Contact us today for a free consultation. Our experienced team can help you understand your options and work towards a favorable outcome.