Tennessee Traffic Tickets Questions & Answers

Q: Just got my first ever speeding ticket.. should I go to court for it or just pay the fine?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 18, 2019
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.

Q: If I pay my citation for due care, will I still face jail time. How much is the citation for due care?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 14, 2019
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.

Q: WHAT INFORMATION IS REQUIRED TO BE ON A SUMMONS TO COURT BY A LAW ENFORCEMENT OFFICER

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Answered on Jan 14, 2019
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.

Q: I have gotten a speeding ticket in Kentucky and only had to pay Court costs do the points transfer here to Tennessee

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 11, 2019
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.

Q: Unpaid speeding ticket from early 2010

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 11, 2019
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.

Q: I received a ticket from a Memphis officer, 64 in a 55 MPH zone code 21-106 $52.75 should I pay or go to court?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 11, 2019
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.

Q: I feel this was wrong and illegal

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 11, 2019
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.

Q: Statute of limitations for speeding, no insurance, no registration tickets from 2012 in TN?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 11, 2019
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).

Q: What to expect when going to court for sus driver's license no insurance failure to maintain Lane wrong tag

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 11, 2019
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.

Q: Can I refuse to sign a speeding ticket? Can I be arrested for refusing to sign? What would the charges be?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Nov 2, 2018
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.

Q: Can I get a traffic ticket if I have already exited and locked a vehicle in a walmart parking lot.

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Nov 2, 2018
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.

Q: Are having the wrong tags on car reason to be arrested, even if the tags belong on YOUR other car?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
Yes it is illegal to have a License Plate on a vehicle where the Plate is not Registered to it.

Q: Is it a law to have a light to illuminate your license plate in the state of Tennessee

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
Yes if the vehicle was factory equipped to illuminate the Plate. Antique Autos are also exempt.

Q: Is it legal to be searched on a traffic violation?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
If the officer had a legitimate reason to stop you, then yes. Issuing a Citation bolsters the State's assertion of a legal stop, but it is not required for the officer to charge you with every crime he witnesses. You need a competent attorney to try to get this dismissed. That will be a drug related conviction which will harm you forever if it goes on your record.

Q: Can a 17 year old plead guilty for a speeding ticket, pay online, and not have to come to court?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
That would be a stupid thing to do. At worst the Judge will find you guilty. But appearing in Court might allow the Judge and/or DA to Divert your Case in one of several manners. Also being a Juvenile might jeopardize your driving privileges. It will be at least 3 points on your license, and is usually 4 or more. You are only allowed 11 in the last year of driving. Those points can add up fast sometimes and you will wish that you might have went to Court and possibly worked it out...

Q: Can I get out of a careless/reckless ticket for falling asleep if I am diagnosed with sleep apnea after the accident?

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Answered on Sep 4, 2018
Peter Munsing's answer
Possible. You can raise it as a defense. However that may have other implications. I'd suggest you discuss it with an attorney who handles tickets and points issues in the county where it happened. As you may have a CDL,worth paying for a consult.

Q: Research for mock trial: is there any law stating one cannot park a vehicle on the side of a highway if it can move?

1 Answer | Asked in Federal Crimes and Traffic Tickets for Tennessee on
Answered on Aug 24, 2018
Gary Kollin's answer
Isn't this a violation of the Honor Code? Aren't you supposed to do your own research?

Q: Just got pulled over in Dyersburg but they never gave me a reason to why they pulled me over. But got a ticket for no dl

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jul 6, 2018
Bennett James Wills' answer
Sure you could choose to fight it in court. To stop you, the police must have probable cause. If they did not have probable cause to stop you, any violation found after the stop may be inadmissible.

Q: What are our options?

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Answered on Jun 22, 2018
Anthony Marvin Avery's answer
I assume that he was arrested for No License, Speeding, No Insurance and Drug Paraphernalia. Whether it was an Arrest or several Citations,

he needs a competent attorney in Tennessee to look into it, appear with the Son in Court, and dispose of all Charges as painlessly as possible. He does not want a drug related conviction on his record.

Q: Is it legal to carry a registered gun in the glove box of your car

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Answered on Jun 4, 2018
Marcus Lipham's answer
Yes, T. C. A. § 39-17-1307 was amended in July of 2017 to allow for the possession of a handgun in a vehicle. The usual restrictions still apply. i.e. no felon in possession, must be in lawful possession of car, etc.

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