Did you recently receive a traffic ticket in the Columbus metropolitan for failure to maintain an assured clear distance ahead or ACDA? If so, call a Columbus traffic attorney to discuss your charge for allegedly failing to maintain an assured clear distance ahead (ACDA). The fact that you received a traffic citation for failure to maintain an assured clear distance ahead (ACDA) does not mean that you are guilty of this offense or that you will be convicted of this offense. Oftentimes, a traffic lawyer can resolve your charge for failure to maintain an assured clear distance ahead (ACDA) without your having to go to court. Depending on the facts of your case, this resolution may result in a reduced violation, a no-points violation, diversion (resulting in dismissal upon completion of a defensive driving course and paying court costs), or even a dismissal.

You may have the option of prepaying your traffic ticket. But the cost of prepaying a ticket may be greater than you think. Prepaying a traffic citation is the functional equivalent to a guilty plea, and you will be convicted of the offense charged in your citation for failure to maintain an assured clear distance ahead (ACDA). Aside from the financial cost that must be paid to the court, a traffic conviction for a moving violation may result in points being added to your driving record, increased insurance premiums, and potential employment sanctions if you are required to drive a company vehicle for your employer. A conviction for failure to maintain an assured clear distance ahead (ACDA) may appear on background checks run by current or future employers or professional licensing authorities.

Failure to maintain an assured clear distance ahead (ACDA) is a minor misdemeanor. But there are exceptions. Depending on the facts of your case and whether you have prior predicate traffic convictions, a minor misdemeanor offense can be elevated to a more serious offense that carries the possibility of community control sanctions and even jail time. Additionally, your license may be suspended if you accumulate 12 or more points on your driving record within a two-year period. These are just a few considerations when deciding whether to hire a Columbus traffic lawyer to represent you in your ticket for following too close.

For legal assistance with your Columbus traffic ticket for following too close, contact us at 614.695.5000 or online. Below is summary of the law concerning the traffic offense of following too close, including the potential penalty and the points assessed if convicted of this offense.

Assured clear distance ahead (ACDA).

A traffic ticket for failure to maintain an assured clear distance ahead (ACDA) ordinarily is issued when the front of a driver’s vehicle collides into the rear of another vehicle in the same lane. This traffic charge is codified in Ohio Revised Code Section 4511.21(A), which provides in pertinent part as follows:

“No person shall operate a motor vehicle … at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle … in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.”

The pivotal phrase in Section 4511.21(A) is “reasonable or proper.” A driver is required to drive at a “reasonable or proper” speed under the existing conditions. On a clear and dry day with little traffic, a “reasonable or proper” speed generally is the posted or applicable speed limit. On a foul-weather day, or in heavy traffic conditions, a “reasonable or proper” speed may be something less than the posted or applicable speed limit. Applying this same rule of reasonableness, a driver generally is not responsible for being cutoff by another vehicle, pedestrian or object. If the driver in the exercise of ordinary care could not have avoided the resulting collision, then he or she arguably has not violated Section 4511.21(A).

Penalty for failure to maintain an assured distance ahead (ACDA).

Failure to maintain an assured distance ahead (ACDA), is a minor misdemeanor. The potential penalty for a minor misdemeanor traffic offense includes the imposition of a fine of up to $150, up to thirty hours of community service, and court costs.

But if, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of any provision of Section 4511.21 or of any provision of a municipal ordinance that is substantially similar to any provision of this section, then failure to maintain an assured distance ahead (ACDA) is elevated to a fourth degree misdemeanor. The potential penalty for a fourth degree misdemeanor traffic infraction includes the imposition of a jail term of not more than thirty days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $250, and court costs.

And if the offender has not previously been convicted of or pleaded guilty to a violation of any provision of Section 4511.21 or any provision of a municipal ordinance that is substantially similar to this section and operated a motor vehicle faster than thirty-five miles an hour in a business district of a municipal corporation, faster than fifty miles an hour in other portions of a municipal corporation, or faster than thirty-five miles an hour in a school zone during recess or while children are going to or leaving school during the school’s opening or closing hours, then failure to maintain an assured distance ahead (ACDA) is a misdemeanor of the fourth degree. As indicated, the potential penalty for a fourth degree misdemeanor traffic infraction includes the imposition of a jail term of not more than thirty days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $250, and court costs.

And if, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of Section 4511.21 or of any provision of a municipal ordinance that is substantially similar to any provision of this section, then failure to maintain an assured distance ahead (ACDA) is elevated to a third degree misdemeanor. The penalty for a third degree misdemeanor traffic infraction includes the potential imposition of a jail term of not more than sixty days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $500, and court costs.

Community control sanctions generally can include residential placement, house arrest, drug/alcohol testing and treatment, specified education and training, community service, curfew, probation, etc. Under certain circumstances, the court also may order an offender to pay restitution to any identifiable victim who incurred economic loss as a result of the violation.

Additionally, a court is required to impose a fine of two times the usual amount imposed for the given speeding violation if the offense occurs in a posted construction zone, unless the offender is determined to be indigent and unable to pay the fine.

Points assessed for failure to maintain an assured distance ahead (ACDA).

A conviction on a traffic ticket for failure to maintain an assured distance ahead (ACDA) carries 2 points in Ohio on an offender’s driving record. For more information on how the Ohio Bureau of Motor Vehicles (BMV) processes points for moving violations and the substantial penalty for excessive points accumulation, press Ohio BMV Points System.

Hire a Columbus traffic attorney to represent you on your ticket for failure to maintain an assured distance ahead (ACDA).

Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines, and potentially having to do it all over again if the case is continued.

If you are seeking a traffic lawyer, contact us at 614.695.5000 or online. We offer legal representation to drivers charged with traffic tickets in the Columbus metropolitan area, including Franklin County Municipal Court, Bexley Mayor’s Court, Canal Winchester Mayor’s Court, Dublin Mayor’s Court, Gahanna Mayor’s Court, Grandview Heights Mayor’s Court, Granville Mayor’s Court, Grove City Mayor’s Court, Hilliard Mayor’s Court, New Albany Mayor’s Court, Obetz Mayor’s Court, Pataskala Mayor’s Court, Pickerington Mayor’s Court, Reynoldsburg Mayor’s Court, Upper Arlington Mayor’s Court, Westerville Mayor’s Court, Whitehall Mayor’s Court and Worthington Mayor’s Court.

We also offer legal representation to drivers charged with traffic tickets in other courts near the Columbus metropolitan area, including Circleville Municipal Court (Pickaway County), Delaware County Municipal Court, Fairfield County Municipal Court, Licking County Municipal Court, Marysville Municipal Court (Union County), and Madison County Municipal Court.