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 Minnesota, tailgating or following another vehicle too closely is prohibited under Minnesota Statutes section 169.18, subdivision 8(a). The law requires that a driver maintain a 'reasonable and prudent' distance from the vehicle ahead, taking into account the speed of both vehicles, the traffic on the road, and the conditions of the roadway. While the statute does not specify a certain number of feet for following distance outside of a business or residential district, it emphasizes the need for a safe distance to prevent collisions. The penalties for following too closely in Minnesota can include a fine and the addition of points to the driver's license, which can affect insurance rates and driving privileges. Enforcement of this law is subject to the discretion of law enforcement officers and prosecutors, and convictions or findings of responsibility are determined by a judge or jury based on whether the prosecution has met its burden of proof.