Last Updated on June 26, 2025 by Beltz Law Group
Traffic Ticket Defense in North Texas
Understanding “Following Too Closely” Tickets in Texas: What You Need to Know
A “following too closely” ticket, often referred to as tailgating, is one of the most common traffic violations issued in Texas. While it might seem like a minor offense, a conviction can have significant and lasting repercussions on your driving record, insurance rates, and even your driving privileges.
At Beltz Law Group, we frequently assist drivers in North Texas who have been cited for this offense. Understanding the specific law and potential defenses is crucial to protecting your record.
The Law in Texas for Following Too Closely (Texas Transportation Code, Sec. 545.062)
The Texas Transportation Code, Section 545.062, precisely defines the legal requirements for maintaining a safe following distance. The core principle is “assured clear distance,” meaning you must leave enough space to stop safely.
Here’s a breakdown of the relevant subsections:
(a) Assured Clear Distance: “An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.”
This is the most frequently cited portion of the law. It emphasizes that the safe following distance is not a fixed measurement (like a certain number of car lengths) but is dynamic, depending on:
- Speed: The faster you’re going, the more distance you need.
- Traffic Conditions: Dense or erratic traffic requires more space.
- Highway Conditions: Wet roads, gravel, or construction zones demand greater following distance.
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(b) Trucks and Motor Vehicles Drawing Other Vehicles (Outside Business/Residential Districts): “An operator of a truck or of a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the vehicles so that a vehicle passing the operator can safely enter and occupy the space. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle.”
This subsection specifically addresses larger vehicles and combinations, requiring them to leave enough space for another vehicle to safely merge in between, especially on highways outside of urban areas.
(c) Caravans and Motorcades (Outside Business/Residential Districts): “An operator on a roadway outside a business or residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. This subsection does not apply to a funeral procession.”
Similar to subsection (b), this ensures that even vehicles traveling together in a group maintain sufficient gaps for other traffic, with the notable exception of funeral processions.
(d) Connected Braking Systems: “An operator of a vehicle equipped with a connected braking system that is following another vehicle equipped with that system may be assisted by the system to maintain an assured clear distance or sufficient space as required by this section. In this subsection, ‘connected braking system’ means a system by which the braking of one vehicle is electronically coordinated with the braking system of a following vehicle.”
This modern addition acknowledges technological advancements in vehicle safety, allowing systems that electronically coordinate braking between vehicles to help maintain safe distances.
Why a “Following Too Closely” Ticket Matters
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A conviction for following too closely in Texas is a moving violation. This means:
- Impact on Driving Record: It will appear on your permanent driving record. While the old “points system” and state surcharges were largely repealed as of September 1, 2019, the conviction itself still matters. Texas DPS monitors the number of moving violations you accumulate. Too many convictions within specific timeframes (e.g., 4 in 12 months or 7 in 24 months) can still lead to a driver’s license suspension.
- Increased Insurance Rates: Insurance companies routinely check driving records. A “following too closely” conviction can signal increased risk, potentially leading to a significant rise in your auto insurance premiums, which can last for several years.
- Future Employment: For jobs that require driving, employers often review driving records. A conviction for tailgating could negatively impact your employment opportunities.
Defending Against a Following Too Closely Ticket
Defending a “following too closely” ticket can be challenging, as it often comes down to the officer’s subjective judgment. However, an experienced traffic ticket lawyer can identify potential defenses and strategies based on the specific circumstances of your case:
- Lack of Objective Evidence: Unlike speeding tickets where radar or lidar can provide specific measurements, “following too closely” often relies on an officer’s visual estimation. Without a collision, it can be difficult for an officer to definitively prove that the distance was not safe considering all the variables (speed, traffic, road conditions).
- Sudden Stop by Preceding Vehicle: Was the vehicle in front of you involved in a sudden or unexpected maneuver (e.g., cutting you off, slamming on brakes without cause)? If you can demonstrate that you were maintaining a safe distance but the collision was unavoidable due to the actions of the other driver, this could be a defense.
- Road Conditions/Traffic Dynamics: Were there unique road conditions (e.g., construction, debris) or traffic flow patterns (e.g., sudden merging, heavy congestion) that made it difficult to maintain an “ideal” distance but where you were still driving as safely as possible under the circumstances?
- Officer’s Vantage Point: Where was the officer positioned? Did they have a clear and unobstructed view to accurately assess the following distance and the overall traffic situation?
- Mistaken Identity: In busy traffic, could the officer have mistakenly identified your vehicle as the one tailgating?
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Why You Need a Traffic Ticket Lawyer
Simply paying a “following too closely” ticket is an admission of guilt and will result in a conviction on your record. This can trigger the negative consequences outlined above. An attorney can help you explore options that may prevent a conviction, such as:
- Seeking Dismissal: Challenging the officer’s testimony or the sufficiency of the evidence.
- Negotiating Deferred Disposition: This allows you to complete a probationary period (often including a driving safety course) without the ticket appearing as a conviction on your record if successfully completed.
- Reducing Charges: In some cases, a prosecutor might agree to reduce the charge to a non-moving violation, which has less impact on your record and insurance.
If you’ve received a “following too closely” ticket in North Texas, don’t just pay it. Contact the experienced traffic ticket lawyers at Beltz Law Group today. We will review your case, explain your options, and fight to protect your driving record. Call us at 214-321-4105 for a consultation.
