All states have laws that prohibit drivers from following another vehicle too closely—also known as tailgating or failing to maintain a safe distance. The penalty for following too closely usually includes a fine and points on your driver’s license.

Laws vary from state to state but laws against following too closely generally prohibit:

• following another vehicle more closely than is reasonable and prudent under the circumstances, having due regard for the speed of both vehicles and the traffic and road conditions at the time; or

• when traveling upon a roadway outside of a business or residence district, following within two hundred feet of another vehicle.

Following too closely may also be defined as situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead, the driver of the following vehicle could not avoid a collision if the driver in front brakes suddenly.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In New Hampshire, tailgating or following another vehicle too closely is prohibited under RSA 265:25. The law requires drivers to maintain a safe distance between their vehicle and the one in front of them, taking into account the speed of both vehicles, traffic, and road conditions. The statute does not specify a precise distance in feet outside of business or residential districts, unlike some other states. Instead, it emphasizes the need for a 'reasonable and prudent' gap. Violating this law can result in fines and points being added to the driver's license. Enforcement of this law is subject to the discretion of law enforcement officers and prosecutors. If a citation is issued, the burden of proof lies with the prosecution, and the outcome is determined by a judge or jury who assess whether the evidence presented is sufficient to establish that the driver was following too closely.