Anthony Marvin Avery's answer It is a Civil Claim for Debt, not a Criminal Charge. It is your choice, but it cannot go on your MVR, or put you in Jail. But Collectors can sue, hound you and execute any judgments against your property.
Anthony Marvin Avery's answer The Court may give you some relief, but will probably find you Guilty. It is possible that you will have to make Restitution. You may want to make a claim on your Insurance. With the Rule of Road Violation will come some points on your MVR.
Anthony Marvin Avery's answer No, you have not read the entire Statute. Hire a competent attorney to work the Citation out so it does not put Points against your MVR. Diversion or Dismissal with payment of costs would work out well for you.
Anthony Marvin Avery's answer The Statute of Limitations for Misdemeanors is one year to initiate the charge from the date of incident. If the Citation is issued, then the charge is made, and the outstanding charge can stay out there basically forever. You may go to each Court and attempt to try to dismiss the old Citations, but the Judges will probably only dismiss some of them at best. Get paid in full Receipts from the Court with a Docket Number thereon to show to the Department of Safety. If there are a number of...
Anthony Marvin Avery's answer Not at all. Sometimes other witnesses exist besides a law enforcement officer. And usually the Court will give the State more than one chance to put on proof of a crime. This is the reason you should be very humble in presenting your Motion to Dismiss for Lack of Prosecution. It is sometimes better to find some type of Diversion that is acceptable to the State and the Court, than run the chance that at the next appearance, that Tennessee LEO will be there ready to testify.
Anthony Marvin Avery's answer Without Liability Insurance you have violated the Financial Responsibility Laws. The Department of Safety can suspend either the Operator's or Owner's Driving Privileges, or both. You probably need to hire an attorney and demand an Administrative Hearing immediately. If you pay the Insurance Co., they may still revoke the License, so be careful.
Anthony Marvin Avery's answer Yes. The Children would probably have nothing to do with the Rule of the Road Violation unless the Officer knew you were distracted by Them. This Statute is usually given in connection with an accident.
Anthony Marvin Avery's answer It is not legal for you to park there, much less halt briefly, and let out or pick up a passenger. However a Parking Citation is rarely a Rule of the Road Violation, so it does not go on your Motor Vehicle Record for the last year. You do not acquire points against your Driving License.
Anthony Marvin Avery's answer Definitely go to Court on time, in proper clothing and act respectfully. You may be offered some type of Diversion such as a Class or Costs which will allow the Court to Dismiss or Reduce the Speeding Violation.
Even if you are Convicted, it may not make it to your MVR.
Anthony Marvin Avery's answer It is doubtful the General Sessions Judge will give you any Jail time. However you should hire a competent attorney to go to Court with you. It may be possible to Divert it or Dismiss it, with Costs paid. A conviction is certain to add points to your MVR for the last 12 months, which could suspend your License.
Anthony Marvin Avery's answer Usually most applicable fill in blanks need to be annotated. But Officers make mistakes all the time and the Courts usually allow it. Even if you make a Motion to Dismiss, the Court can dismiss the Citation then have you stand there while the Court gets an Affidavit from the Officer to issue an Arrest Warrant. Then after some time in Jail, you go back to Court on the same Charge. Hire a competent attorney now.
Anthony Marvin Avery's answer No. But if the Kentucky Ticket goes down as a conviction, then it will probably show up on your Motor Vehicular Report for the last 12 months. This might affect you in Court for another Charge or raise your Insurance rates.
Anthony Marvin Avery's answer You will need to hire an attorney to check with the Court Offices in the Counties near the Interstate Stop in 2010. You also need a TBI Background Check. All of this could be completed in about two weeks from when you obtain competent counsel.
Anthony Marvin Avery's answer Always go to Court on a Speeding Ticket. The Judge may allow you some way to Divert a Conviction, or even Dismiss it. That Violation is a 9 mph over type which is not reportable on your last 12 month's MVR. But you should still try to get is Diverted or Dismissed. Do not be smart to anyone at Court.
Anthony Marvin Avery's answer The Officer will probably claim the paraphernalia was in plain view. But hire a competent attorney and prepare for a Preliminary Hearing. It is doubtful, but you might get Indicted. If so, then file a Motion to Suppress Evidence due to an illegal Search.
Anthony Marvin Avery's answer If the Charges were initiated within one year of the incidents, then they were timely prosecuted. Hire a competent attorney to run down each Citation and dispose of each as painlessly as possible. You want Dismissals or Paid In Full Receipts to show the Tennessee Department of Safety the Charges are no longer outstanding (and for DOS to also tell California).
Anthony Marvin Avery's answer Tort liability will probably attach as negligence per se. All of this will make it almost impossible to ever get a Driver's License in Tennessee . You may wish to file Chapter 7 Bankruptcy with a Notice To Creditors for the Department of Safety. Or you might qualify for a License from another State.
Anthony Marvin Avery's answer You can refuse to sign acknowledgement of the Summons to Court. But the Officer that stopped you will probably arrest you. It is his discretion. If you do not show up to Court after signing the Ticket or making Bail, the Judge will probably send out a Bench Warrant for your Arrest, possibly without Bond.
Anthony Marvin Avery's answer Yes. The Officer probably claims he observed the driving violations by you prior to parking it. He also confronted you and asked for your Registration and Insurance. Just because he accosted you after the car was parked is irrelevant.
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