Tennessee Traffic Tickets Questions & Answers

Q: Received a photo ticket from a city here in TN. Do I pay?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Mar 22, 2019
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.

Q: I was in a pick up truck when this happened. Will it effect my class A CDL license?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Mar 19, 2019
Anthony Marvin Avery's answer
You have not stated what happened. But any conviction of a Rule of the Road Violation will result in points against your MVR for the last twelve months.

Q: Ticket for failure to maintain control. No other vehicle involved. Damage to light post. Must report to court.

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

Q: I need help understanding TCA 55-8-152. I received a speeding ticket for doing 52 in a 40.

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Mar 12, 2019
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.

Q: Is there a statue of limitations on traffic tickets in Tennessee?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Mar 7, 2019
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...

Q: Is it true if officer doesn't show up in TN court the ticket will be dismissed? If so, what is legal citation?

2 Answers | Asked in Traffic Tickets for Tennessee on
Answered on Mar 6, 2019
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.

Q: How can my license get revoked if someone else wrecked my car that happen 2 yr ago

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Feb 25, 2019
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.

Q: If I am speeding andmy children are in the car with me can I be charged with violation statute code 55-8/136 ?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Feb 7, 2019
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.

Q: Can you drop off students in a no-parking zone in a neighborhood beside a school?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Feb 6, 2019
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.

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.

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