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 Montana, tailgating or following another vehicle too closely is prohibited under state traffic laws. Montana law requires drivers to follow at a distance that is 'reasonable and prudent' considering the speed of the vehicles, traffic, and the conditions of the road. Specifically, Montana Code Annotated 61-8-310 states that a driver should not follow another vehicle more closely than is reasonable and prudent, with due regard for the speed of the vehicles and the condition of traffic and the highway. The law also prohibits following within 300 feet of another vehicle when outside of a business or residential district, which is different from the general two hundred feet guideline mentioned. Penalties for tailgating in Montana may include fines and points on the driver's license. Enforcement of this law is subject to the discretion of law enforcement officers and prosecutors, and the burden of proof lies with the prosecution in court, whether the case is treated as a criminal offense or a civil infraction.