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CVC 21704Eligible for written declaration

Truck Following Too Closely

A vehicle subject to the 55 mph limit of CVC 22406 following another such vehicle closer than 300 feet outside a business or residence district, on a highway with one lane in its direction.

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Fine: $234DMV Points: 1🏫 Traffic School Eligible

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one point 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 β€” 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 Truck Following Too Closely ticket?

CVC 21704(a) says the driver of any motor vehicle subject to the speed restriction of Section 22406 that is operated outside of a business or residence district shall keep the vehicle at a distance of not less than 300 feet to the rear of any other motor vehicle subject to that speed restriction which is preceding it. Under 21704(b), the section does not prevent overtaking and passing, and does not apply upon a highway with two or more lanes for traffic in the direction of travel.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) The driver of any motor vehicle subject to the speed restriction of Section 22406 that is operated outside of a business or residence district, shall keep the vehicle he is driving at a distance of not less than 300 feet to the rear of any other motor vehicle subject to such speed restriction which is preceding it. (b) The provisions of this section shall not prevent overtaking and passing nor shall they apply upon a highway with two or more lanes for traffic in the direction of travel.

What the Officer Must Prove

  1. 1You were driving a motor vehicle subject to the speed restriction of Section 22406
  2. 2You were outside of a business or residence district
  3. 3You were less than 300 feet behind another motor vehicle subject to that speed restriction

Arguments Commonly Raised for Truck Following Too Closely

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

Two or more lanes in your direction

CVC 21704(b) says the section does not apply upon a highway with two or more lanes for traffic in the direction of travel.

Passing

CVC 21704(b) says the section does not prevent overtaking and passing.

Your vehicle or the vehicle ahead

The rule applies only when both vehicles are subject to the speed restriction of Section 22406. Describe both vehicles.

Business or residence district

The rule applies outside of a business or residence district. Describe where you were.

⚠️ Common Mistakes

  • βœ—Leaving out how many lanes there were in your direction
  • βœ—Not describing your vehicle and the vehicle ahead

What this code section covers (general information)

CVC 21704 β€” Truck Following Too Closely. A vehicle subject to the 55 mph limit of CVC 22406 following another such vehicle closer than 300 feet outside a business or residence district, on a highway with one lane in its direction.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 21704. 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 Truck Following Too Closely

Does the 300-foot rule apply on a multi-lane highway?β–Ό

No. CVC 21704(b) says the section does not apply upon a highway with two or more lanes for traffic in the direction of travel.

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Traffic School Option

A conviction adds 1 DMV point. Traffic school may be available to keep the point off your public record, but not for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). 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 β€” 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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