Q: My son has had his license revoked over an assault case. DOT can't find the report, County can't find it. What do we do
The case started as a vehicular assault case and was dropped to simple assault. The occupants of the other vehicle denied be the driver due to their soberity. The car belonged to one occupant's recently deceased mother. No accident report was filed by the officers on the scene. The THP has no accident report. The DOT has no copy of the report. But online it says there is one and his license is revoked. Now he has received notice of a TORT case over it. We don't know what to do.
A: This is not uncommon. Revoked licenses are tricky and reinstatements can be very expensive. You can research the specific requirements to reinstate the license on https://dl.safety.tn.gov/_/ . There may not be an accident report because it was charged as an assualt not an accident. If there is a tort case over the then that needs to be resolved and costs need to be paid . My recommendation is to hire an attorney to help put the pieces together, possibly get settlements worked out, and get your son's license back in good standing.
Anthony M. Avery agrees with this answer
A: The Son should have immediately hired an attorney when he got notice of the revocation from DOS, as well as the Criminal Charge. He should have requested an Administrative Hearing on the License, and demanded a Preliminary Hearing on the Warrant. Filing a Declaratory Judgment Action now will be expensive and probably futile. Now he is about to be sued over it. The Conviction for Assault can be used against him, and is probably Collateral Estoppel on a Tort Action. Monetary Settlement might be a requirement for License Reinstatement. Hire a competent attorney now to mitigate the damage he has already created upon himself.
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