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CVC 21703Eligible for written declaration

Following Too Closely (Tailgating)

Following another vehicle more closely than is reasonable and prudent, given the speed of that vehicle and the traffic on, and condition of, the roadway.

Reviewed by the TicketClear teamLast reviewed

Fine: $234DMV Points: 1🏫 Traffic school may be available

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Following Too Closely (Tailgating) ticket?

CVC 21703 says the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of that vehicle and the traffic upon, and the condition of, the roadway.

Ask your insurer how a conviction affects your policy.

What the Law Says

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.

What the Officer Must Prove

  1. 1You were driving a motor vehicle behind another vehicle
  2. 2You followed it more closely than was reasonable and prudent, given its speed and the traffic upon, and the condition of, the roadway

Arguments Commonly Raised for Following Too Closely (Tailgating)

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Reasonable and prudent distance

CVC 21703 measures following distance by what is reasonable and prudent, having due regard for the speed of the vehicle ahead and the traffic upon, and the condition of, the roadway. It does not set a distance in feet. Describe the speeds, the traffic, and the road.

How the gap formed

If another vehicle moved into the space ahead of you, or the vehicle ahead changed speed suddenly, describe what happened.

⚠️ Common Mistakes

  • ✗Leaving out the speed of traffic and the road conditions
  • ✗Not keeping any dashcam video

What this code section covers (general information)

CVC 21703 — Following Too Closely (Tailgating). Following another vehicle more closely than is reasonable and prudent, given the speed of that vehicle and the traffic on, and condition of, the roadway.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 21703. It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Following Too Closely (Tailgating)

Does California set a following distance in feet?▼

No. CVC 21703 says a driver shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of that vehicle and the traffic upon, and the condition of, the roadway.

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Traffic School Option

A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.

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Related Violations

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

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