Following Too Closely in Maryland (TA Section 21-310)

Following too closely—often called tailgating—is a common Maryland traffic citation that can add points, raise insurance, and lead to avoidable license problems if not handled correctly. This page explains what prosecutors must prove, how courts evaluate these cases, and the practical steps we use to reduce or avoid points and insurance spikes.

The statute: Transportation Article Section 21-310

Transportation Article Section 21-310 prohibits following another vehicle “more closely than is reasonable and prudent,” with regard for the speed of the vehicles and traffic and highway conditions. In practice, the State typically relies on the officer’s observation of distance and closing behavior, any abrupt braking, and the overall flow of traffic. The question isn’t just the number of car lengths; it is whether, under the specific conditions, the following distance was reasonable.

What the State tries to prove

To sustain a following‑too‑closely citation, the State usually presents testimony on:

• Estimated speed and the speed limit
• Lane position, traffic volume, and weather/visibility
• The distance between vehicles and whether braking or swerving occurred
• Any contributing factors (merging, cut‑offs, congestion)

Contrary to popular belief, there is no single fixed number of feet or “car‑lengths” rule in the statute. The measuring stick is reasonableness under the conditions. This opens the door to practical defenses when the officer’s vantage point was limited, traffic was compressing, or another driver’s abrupt action forced a temporary reduction in space.

Penalties, points, and insurance

Following too closely is a moving violation that can carry points through the Motor Vehicle Administration. Points are administered under Maryland’s points framework and can affect your license status and insurance. The Maryland District Court’s public schedule lists point values for specific citations; courts and the MVA rely on those tables to assess points. Our goal in most cases is to avoid any points at all through dismissal, a reduction to a no‑point disposition where possible, or a Probation Before Judgment (PBJ) outcome that keeps points off your record.

If you are also dealing with an administrative issue or accumulated points, we can coordinate an MVA strategy in parallel with the court case so one track does not undermine the other.

Common defense angles that work

We tailor the defense to the facts, but these themes recur:

1. Perspective and vantage point

• Where was the officer located? How long was the observation? A brief glance while the officer was moving or turning can misstate closing distance. Video from body‑worn camera or dash camera often shows a safer following interval than the report suggests.

2. Compression and traffic dynamics

• In dense traffic, spacing compresses momentarily as vehicles merge, step on brakes, or respond to a slow lead car. Courts recognize that a fleeting compression—promptly corrected—isn’t the same as sustained tailgating.

3. Intervening driver actions

• A sudden lane change by a third vehicle or a lead vehicle’s abrupt brake tap can momentarily reduce distance. We highlight that chain of events and why your reaction restored a reasonable interval.

4. Speed, visibility, and roadway conditions

• What’s “reasonable and prudent” depends on speed, weather, and the roadway. Nighttime glare, curves, on‑ramps, or construction shifts the calculus. When the State’s narrative ignores these features, the record becomes unbalanced.

5. Clean record and mitigation

• Even when liability isn’t disputed, we can present mitigation—driver improvement, clean history, or specific driving needs—to target a no‑point result. PBJ is frequently available for drivers who take responsible steps ahead of court.

What to do after a following‑too‑closely ticket

1. Do not just pay online

• Paying is a guilty plea and accepts any points that accompany the citation. Instead, request a trial date and let us review the officer’s account and any video.

2. Gather practical evidence

• Jot down traffic and weather conditions, lane positions, merge points, and any abrupt actions by other drivers. If you have dash‑cam video, save a secure copy.

3. Consider proactive steps

• A short driver‑improvement program or clean driving documentation can support a no‑point resolution, especially for first‑time or low‑record drivers.

Court strategy: outcomes that protect your record

We prepare each case for trial but keep an eye on smart resolutions. Typical routes include:

• Dismissal when the observation, vantage, or report doesn’t meet the burden
• Reduction to a non‑moving or lesser‑point offense
• PBJ to avoid points where reduction isn’t viable

When appropriate, we combine testimony with video or diagrams to show a reasonable interval for the conditions. Where a mitigation‑first path is wiser, we present a coherent plan that reassures the court and safeguards your license and insurance.

Related issues we watch for

• “Following too closely” paired with “contributing to an accident” language
• Chain‑reaction braking where fault is disputed
• Commercial or professional driving needs (CDL and public‑trust roles)

These details can determine whether points are imposed, and whether an MVA hearing or other administrative step is necessary. We routinely coordinate the court case and MVA track so the final outcome supports your driving privileges.

How we can help

• Analyze the officer’s vantage and report against roadway reality
• Obtain and scrutinize body‑cam or dash‑cam footage
• Prepare trial testimony and exhibits or pursue the best no‑point resolution
• Align court strategy with MVA and insurance considerations

Next steps

Don’t just pay the ticket and take the points. Request a trial date and get a free case review. We defend following‑too‑closely cases statewide and build plans that keep points off your record whenever possible.

For more on avoiding points and why paying online is risky, see our Maryland Traffic Lawyers overview at Traffic Citations. If your ticket raises license questions, we can also advise on MVA hearings and driver‑improvement tools that protect your ability to drive.