THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). HUCKEBY WAS ALSO CAUGHT ON VIDEO SPEEDING AT 60 MPH ON THE DRAGON, WITHOUT THE MANDATORY EMERGENCY LIGHTS AND SIREN REQUIRED FOR IMMUNITY FROM PROSECUTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011
COP.
2. to steal; filch. 3. to buy (narcotics). 4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out. 5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence. b. to plead guilty to a lesser charge; plea-bargain.
-Random House Unabridged Dictionary
Good to see the ETR Police Mods have banned every red-blood American who dares fight a traffic ticket in Blount County. Except for Wolfman, who hired a hired gun to defeat a bogus "reckless driving" ticket, since crossing a centerline in a Goldwing does not meet the "essential elements" for RD (see TN Code below). But Wolf does an exceptional job of keeping his advice to himself, so no ETR ban for Mr PokerFace.
The latest ETR speed ticket thread lacks a single comment to fight the bogus ticket. Just roll over, open your ahole, and start sucking dick is ETR's advice. This particular THPolice State death squad member has now been mobilized under Martial Law by the Pentagon to oppress other slaves throughout USA for 2011, by enforcing the Communist Manifesto and defending the terrorists from arrest for their treasons.
Videos: Police State Martial Law in USSA
And THP loves drivers to suck their dicks during traffic stops...ask Barbie Cummings.
Every speed ticket at 30 mpg over the posted limit is prosecuted as "reckless driving", though this charge does not meet the "essential elements" under TN Code. RD qualifies for a permanant ban of driver license under the TN Habitual Motor Vehicle Offender Act. Typical ticket cost to plead guilty to the crime of speeding on the Dragon is $250.
TN Code 55-10-205. Reckless driving.
(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.
(b) A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen (18) years of age or older.
(c) (1) Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving. In addition to the penalties imposed pursuant to subsection (d), the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation.
(2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the operator's driving through the flood warning sign or barricade was necessitated by a bona fide emergency.
(3) This subsection (c) shall not apply to an emergency vehicle. “Emergency vehicle” means a vehicle of a governmental department or public service corporation when responding to any emergency, or any vehicle of a police or fire department, or any ambulance.
(d) A violation of this section is a Class B misdemeanor.
Reckless driving is a very serious criminal offense, with six months in jail and a $500 fine, plus court costs.
The Dragonater has been posting for years the fact of law that a winning defense to speeding and RD on the Dragon is the fact that the 30 mph speed limit is invalid on the Dragon. This is according to USDOT, TN Code and a court order by TN Supreme Court Judge Sharon Lee (The Dragonater's cousin who threatens to sue for mentioning that fact).
Mere speeding tickets are only 30 days in jail as a "small offense" criminal misdemeanor.
The ETR ticket probably came from THP death squad ETR member JD, at the .5MM Speed Trap. End of the month means THP's illegal quota of 700 tickets per trooper per year, which is a violation of TN Code.
THP increased biker tickets on the Dragon by 11,400%, but has no problem ticketing cars and trucks as well...with tractor trailers granted immunity.
Why fight a ticket, when it's easier to plead guilty and pay $100s for a crime that stays on your record FOREVER? Paying for a bogus "driving school" does nothing to educate you. But fighting your ticket is a free "law school". Speeding tickets are the easiest of all lawsuits to win, once you get mad enough to want to learn how to do it.
If you're going to pay your hard-earned money, you might as well LEARN something, which can only be done by investing in your own law library. The National Motorists Association has a Ticket Defense Kit, which includes NOLO's excellent book written by lawyers for pro se's. NMA are those nice folks who got the 55 mph national speed limit repealed. NMA will pay your speeding ticket if you lose, or pay you $5,000 to win.
A FREE video on beating speed tickets is by Pastor Rick Strawcutter, who's now a Doctor of Nutrition:
See also:
How to Win in Traffic Court
How to brainwash cops to avoid speeding tickets
Litigious biker gang sues ETR members
[Note by the Dragonater: The 2010 TN Code does NOT say RD is defined as 30 mph above a speed limit]
Reckless Driving Laws
by Tennessee Criminal Lawyers
Not all traffic offenses are as simple as a ticket. Sometimes a traffic offense can turn into a permanent mark on your record. A traffic citation for reckless driving is a criminal charge. Even though you may not have been arrested, handcuffed, and brought to jail, a ticket for reckless driving in Tennessee has the same seriousness as any misdemeanor criminal offense.
It may be that you were in a rush due to an emergency or perhaps you didn’t realize how fast you were going. Regardless of the reason, you got pulled over and charged with reckless driving. You may have even gone to jail.
You also may strongly feel you did nothing wrong. The police often make mistakes in charging people with these offenses. And some of the elements of a reckless driving offense are purely subjective. We can challenge the officer’s statements in court, and establish that he could have been mistaken about what happened. In a criminal case, reasonable doubt is the standard that must be met, and we are prepared to fight all the alleged evidence against you to keep your record clean.
Chances are this is your first reckless driving charge and you are probably unsure of what to expect. Rest assured that is what an experienced attorney is for, to anticipate your questions and work to get you the best possible outcome on your day in court.
If this isn’t your first charge, however, you should know that you may be facing much harsher penalties this time around. Tennessee takes repeat traffic offenders very seriously and you need a qualified defense lawyer behind you to support you during this time. We know Tennessee traffic laws and criminal courts. Please contact us right away to find out what we can do to help you.
What is Reckless Driving?
Under Tennessee criminal traffic laws, you may be charged with reckless driving if there is probable cause to believe that you drive “in willful or wanton disregard for the safety of persons or property”. This could mean that you were swerving, following too closely, speeding, or driving in any manner that showed you did not care about the safety of other people or property.
Driving 30mph over the posted speed limit is considered a reckless driving charge under Tennessee law.
There are a variety of other specific statutes that are explicitly in the law (such as riding a motorcycle with one wheel off the ground aka wheelie) that will get you a criminal reckless driving citation. But for the most part, a reckless driving charge is a subjective call by the police officer who pulled you over.
Reckless driving is a Class B misdemeanor and is punishable by up to 6 months in jail and fines up to $500.
Ref: TCA 55-10-205
Related Tennessee Criminal Traffic Charges
Drag Racing
If you are involved in any street racing or speed contest you may be charged with drag racing. With the risk of injuries and accidents so high in racing, Tennessee judges really crack down on those who are convicted of this criminal traffic offense.
Drag racing is also a Class B misdemeanor punishable by up to 6 months in jail and fines up to $500.
If someone is hurt in the commission of this offense you may also face assault charges.
Ref: TCA 55-10-502
Tennessee Habitual Offenders – Traffic
If this offense isn’t the first one on your record, your potential sentence is multiplied. If you have 3 or more of the following convictions within the past five years you may face prosecution under the Tennessee Habitual Offender Act.
•Reckless driving
•Vehicular Assault
•DWI/DUI
•Drag Racing
•Evading arrest
If you are convicted under the Habitual Offender Act you will face permanent revocation of your driving privileges.
Ref: TCA 55-10
Free Consultation on Tennessee Criminal Traffic Charges
If you are accused of reckless driving, or any other traffic or criminal offense, please contact our Tennessee defense lawyers for information on exactly how we would fight these charges in court. It may be possible to get criminal charges reduced to a non-criminal ticket, saving you serious fines, and even more important, keeping your record clean.
Call or contact us today to find out how we can help.
Tennessee Code 55-8-152. Speed limits — Penalties.
(a) Except as provided in subsection (c), it is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of this state in excess of sixty-five miles per hour (65 mph).
(b) “Truck,” as used in this section, means any motor vehicle of one and one-half (1 ½) ton rated capacity or more.
(c) On all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle or a truck at a rate of speed in excess of seventy miles per hour (70 mph). In the left-hand lane of all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle at a rate of speed less than fifty-five miles per hour (55 mph).
(d) (1) (A) Except as provided for certain counties in subdivision (d)(2), counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to school grounds that are devoted primarily to normal school day activity. Such speed limit shall be enacted based on an engineering investigation, shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present.
(B) In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who shall drive at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of ninety (90) minutes before the opening hour of a school or a period of ninety (90) minutes after the closing hour of a school, while children are actually going to or leaving school, shall be prima facie guilty of reckless driving.
(C) The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
(2) In counties of not less than forty-three thousand seven hundred (43,700) nor more than forty-three thousand eight hundred (43,800) and counties of not less than one hundred forty-three thousand (143,000) nor more than one hundred forty-five thousand (145,000) and counties of not less than four hundred seventy-seven thousand eight hundred (477,800) nor more than four hundred seventy-seven thousand nine hundred (477,900), according to the 1980 federal census or any subsequent federal census, counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to or within one-fourth (¼) mile of school grounds that are devoted to normal school day activities. Such speed limit shall be enacted based on an engineering investigation and shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation. In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who drives at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of forty (40) minutes before the opening hour of a school or a period of forty (40) minutes after the closing hour of a school, while children are actually going to or leaving school, is prima facie guilty of reckless driving. The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
(e) (1) The fees of sheriffs, deputy sheriffs and other police officers, other than salaried officers, for making arrests for violations of the speed restrictions of this chapter, shall be one dollar ($1.00).
(2) The reference to sheriffs, deputy sheriffs and other police officers in subdivision (e)(1) also includes constables in counties of this state having a population of:
Click to view table. [SEE BELOW]
according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen Counties.
(f) (1) (A) Notwithstanding any provision of this section to the contrary, the department is authorized to lower the speed limits prescribed in this section, and on the state system of roads and highways, as it deems appropriate due to concerns regarding the roadway, traffic, or other conditions. This authorization to reduce the speed limits set by this section shall be in addition to the authority conveyed by § 55-8-153.
(B) When the department determines that it is necessary to reduce the speed limits set in subsection (a), the commissioner shall so indicate the reduced speed limit via a letter of policy statement, and the commissioner shall cause signs indicating the new speed limit to be erected.
(C) Subject to § 55-8-153(c), the municipalities of the state are authorized to set speed limits on the public roads and streets within their jurisdictions that are not a part of the interstate and national defense highway system nor any access controlled highway on the state road and highway system. In addition, the counties of this state are authorized to set speed limits on the public roads and highways within their jurisdiction that are not a part of the interstate or state highway system. The speed limits for both municipalities and counties shall not exceed fifty-five miles per hour (55 mph).
(2) Notwithstanding any law to the contrary, during the period in which this subsection (f) is in effect, any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of fifty-five miles per hour (55 mph) but less than seventy-five miles per hour (75 mph) on a highway of the interstate and defense highway system or a four-lane controlled-access highway which are federal or state highways, or in excess of fifty-five miles per hour (55 mph) or less than sixty-five miles per hour (65 mph) on a highway or road which has an existing speed limit of sixty-five miles per hour (65 mph) as of March 1, 1974, shall be charged with speeding and upon conviction shall not be fined more than the maximum fine nor less than the minimum fine for speeding as provided by law for that violation, nor shall any costs be imposed or assessed against the person. Costs shall be imposed in such cases should the person fail to appear or answer the traffic citation as required by law. The conviction shall not be reported to the department of safety under the provisions of §§ 55-10-306 and 55-12-115. Such person shall not be required to attend driver education course as provided in § 55-10-301. The conviction for speeding shall not result in suspension or revocation of operator's or chauffeur's license unless the excess speed constitutes reckless driving, as set out herein. This subsection (f) shall not apply to trucks as defined in subsection (b) when traveling in excess of sixty-five miles per hour (65 mph) on all highways of the interstate and defense highway system and four-laned controlled-access highways, which are federal or state routes of this state or when traveling in excess of fifty-five miles per hour (55 mph) on any other highways of this state. A violation of this subsection (f) is a Class C misdemeanor. However, notwithstanding any law to the contrary, a violation of the reduced speed limits set by the department of transportation, pursuant to § 55-8-153, is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The amount of the fine imposed pursuant to § 55-8-153 shall not be less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). Notwithstanding any provision of this subsection (f) to the contrary, no provision of this subsection (f), nor of § 55-8-153, shall be construed so as to prevent the entry of a suspended sentence upon the conviction of a defendant for the first violation of the enhanced penalties provided for when the violation occurs within a work zone and when employees of the department of transportation or construction workers are present and when the trier of fact determines that extraordinary circumstances lead to the violation.
(g) (1) Notwithstanding any law to the contrary, any county having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census may assess any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of the posted speed limits an additional fine of five dollars ($5.00). This fine shall be in addition to any fine assessed under this or any other applicable section.
(2) Fines collected pursuant to subdivision (g)(1) shall be placed in a fund to be established by such county. The fund shall be for the sole purpose of erecting and maintaining highway signs.
(3) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state.
(h) Notwithstanding any law or regulation to the contrary, only the department of transportation has the authority to set speed limits on access-controlled roadways designated as being on the state system of highways and on roadways designated as being on the state system of interstate highways.
TABLE COUNTY POPULATION
[must be compared to 1980 Census to decipher the Secret Code]
not less than nor more than
3,700 4,700
6,000 7,800
8,400 8,500
8,535 8,540
9,200 9,570
10,770 10,780
11,512 11,550
11,700 11,900
12,000 13,000
14,500 14,600
15,300 15,500
15,750 16,000
17,000 17,350
18,000 18,200
18,300 18,900
19,000 19,100
21,000 21,500
21,600 22,300
23,200 23,350
23,355 23,391
23,391 23,450
23,500 23,750
24,000 24,255
25,600 27,500
27,900 28,000
28,555 28,600
29,250 31,250
31,260 33,000
33,700 34,000
35,480 41,800
41,900 50,000
57,550 59,400
59,500 60,050
60,600 62,000
64,000 65,000
101,000 118,400
118,700 200,000
TN Code 55-8-154. Minimum speed regulation — Turnouts — Passing bays — Penalties.
(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(b) Whenever the department of transportation or a local authority within its respective jurisdiction determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the department or local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
(c) Wherever there exists, at or near the top of any hill or grade, a turnout, passing bay or parking area adjacent to and to the right of any traffic lane of any state or federal highway within the state, any person driving or operating a truck or other slow-moving vehicle upon such traffic lane shall drive the truck or other slow-moving vehicle into and stop the same upon the turnout, passing bay or parking area and permit faster-moving vehicles following the truck or other slow-moving vehicle whose progress is being retarded to pass; provided, that the turnout, passing bay or parking area is marked by a traffic sign.
(d) A violation of this section is a Class C misdemeanor.
TN Code 55-8-153. Establishment of speed zones.
(a) The department of transportation is empowered to lower the speed limits prescribed in § 55-8-152 in business, urban or residential districts, or at any congested area, dangerous intersection or whenever and wherever the department shall determine, upon the basis of an engineering and traffic investigation, that the public safety requires a lower speed limit.
(b) Appropriate signs giving notice of the lower speed limit shall be erected by the department at such places or put on the highway where the prescribed speed limits are effective.
(c) (1) (A) The legislative authorities of municipalities shall possess the power to prescribe lower speed limits on highways designated as state highways in their respective jurisdictions when, on the basis of an engineering and traffic investigation, it is shown that the public safety requires a lower speed limit.
(B) Engineering and traffic investigations used to establish special speed zone locations and speed limits by municipalities on state highways shall be made in accordance with established traffic engineering practices and in a manner that conforms to the Tennessee manual on uniform traffic control devices (MUTCD). The investigations shall be documented and documentation shall be maintained by the jurisdiction performing or sponsoring the investigation.
(C) All signs, signals and other forms of public notification of the speed limits, road hazards and other traffic conditions shall comply with the MUTCD.
(2) The legislative bodies of municipalities shall also possess the power to prescribe lower speed limits within certain areas or zones, or on designated highways, avenues or streets that are not designated as state highways in their respective jurisdictions, and to erect appropriate signs and traffic signals.
(d) The legislative body of any county, except the legislative bodies of any counties having a commission form of government, has the power to prescribe such lower speed limits as it may deem appropriate on any road being maintained by the county and shall erect appropriate signs and traffic signals. In those counties having a commission form of government, the board of commissioners has the power prescribed in this section.
(e) A violation of the speed limits established by the department pursuant to subsection (a) is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The department, or its agents, are directed to indicate the presence of workers or department employees with signs with flashing amber lights; provided, that this penalty is applicable in highway construction zones only to those speeding violations that have been detected by radar, infrared or similar detection devices. The amount of the fine imposed pursuant to subsection (a) for violations that occur in work zones where the speed limits have been reduced by the department and when employees of the department or construction workers are present shall be not less than two hundred fifty dollars ($250).
TN Code 55-10-306. Record of traffic cases — Report of convictions to department.
[Amended effective January 1, 2011. See the Compiler's Notes.]
(a) Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation or other legal form of traffic charge deposited with or presented to the court or the traffic violations bureau of its jurisdiction, and shall keep a record of every official action by the court or the traffic violations bureau of its jurisdiction in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint, warrant, or citation deposited with or presented to the court or traffic violations bureau.
(b) [Amended effective January 1, 2011. See the Compiler’s Notes.]
(1) Except as provided by § 55-50-409, within thirty (30) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of chapter 8, parts 1-5 of this chapter and § 55-12-139 or other law regulating the operation of vehicles on highways, every such magistrate or judge of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle.
(2) Upon receipt of the fee of sixty-five dollars ($65.00) as specified in § 55-12-129, the commissioner shall make a payment of ten dollars ($10.00) for the furnishing of a completed report of a conviction resulting in suspension or revocation, including forfeiture of bail not vacated or payment of a fine or penalty, for one (1) or more of the offenses of reckless driving, driving while intoxicated or drugged, drag racing, driving while unlicensed, driving on a revoked or suspended license, driving an unregistered vehicle, driving a vehicle with revoked registration, failing to stop after a traffic accident, or vehicular homicide.
[Amended effective January 1, 2011. See the Compiler's Notes.]
(c) The abstract must be made on a form furnished by the commissioner and shall include the following information:
(1) Driver's first name, middle name or middle initial, last name, and residence address;
(2) Driver's date of birth;
(3) Driver license number, class of license, and state of issuance;
(4) A statement as to whether or not the license is a commercial driver license;
(5) The license plate number, year, and state of issuance of the vehicle involved;
(6) A statement as to whether or not the offense was committed in a commercial motor vehicle;
(7) A statement as to whether or not the vehicle was transporting hazardous materials requiring placards;
(8) A statement as to whether or not the vehicle could transport sixteen (16) or more passengers;
(9) The date the offense occurred;
(10) The offense the driver was charged with;
(11) The date of the conviction;
(12) The violation of which the person was convicted;
(13) The plea, the judgment, or whether bail was forfeited;
(14) The number of the offense (e.g., 1st offense, 2nd offense);
(15) The blood alcohol level of the person, if convicted of a violation of § 39-13-106, § 39-13-213, § 55-10-401 or § 55-50-405;
(16) The amount of any fine or costs assessed for the violation;
(17) Whether a driver education or improvement course was completed and the date of completion of the course, if eligible under § 55-10-301;
(18) The name of the arresting agency;
(19) The name of the county and court in which the conviction occurred; and
(20) Whether or not there was in effect at the time of the violation an automobile liability policy or bond with respect to the operation of the motor vehicle involved.
(d) Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
(e) The department shall keep all abstracts received under this section at its main office and the same shall be open to public inspection during reasonable business hours.
(f) (1) The administrative office of the courts, in conjunction with the department of safety, shall, on an annual basis, provide information and training to the clerks of court concerning the importance and necessity of preparing and forwarding to the department of safety the abstract forms for the convictions required by this section.
(2) The training and information required by this subsection (f) is not required to take the same form every year; provided, that the information is conveyed in a manner designed to be viewed, understood and retained by the clerks. The information may be conveyed one year by a training session at the annual court clerks conference and another year may be conveyed by mailing, e-mail or telephone.
(3) Any such training shall also include the effect and consequences of any changes in the abstract reporting requirements that may result from changes in state and federal law.
(4) The training and information distribution required by this subsection (f) shall apply to all clerks of court having original jurisdiction over traffic offenses, including municipal court clerks.
TN Code 55-10-301. Penalty for violations of chapters 8 and 9 and parts 1-5 of this chapter.
(a) Any person violating any of the provisions of chapters 8 and 9 of this title and parts 1-5 of this chapter where a penalty is not specifically prescribed commits a Class C misdemeanor.
(b) (1) Any person violating any of the provisions of chapters 8 and 9 of this title and parts 1-5 of this chapter may be required, at the discretion of the court, to attend a driver education course approved by the department of safety in addition to or in lieu of any portion of other penalty imposed; provided, that the course is approved by the department, it may be operated and conducted by a:
(A) County, municipality or other entity of local government;
(B) Nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3); or
(C) Private entity, provided the entity meets all of the requirements of § 40-35-302(g) for private entities providing misdemeanor probation supervision services.
(2) A reasonable fee between fifty dollars ($50.00) and one hundred seventy-five dollars ($175) may be assessed for the driver education or driver improvement course; provided, that no one shall be refused admittance for inability to pay. This fee shall apply only to driver improvement courses that may be required pursuant to this section, and shall not apply to any program offered pursuant to the provisions of title 49, chapter 1, or to any other driving instruction school.
(3) By operating a driver education or improvement course pursuant to the provisions of this subsection (b), the entity operating or conducting the course consents to the inspection of all records concerning the course by the department of safety; provided, that inspection made pursuant to this subdivision (b)(3) shall not preclude inspection of any records pursuant to any other provision of law.
(4) Each court clerk shall provide a list of approved entities in the county to any person ordered to attend a driver education or improvement course.
(5) Upon certification to the court clerk that a court ordered driver education or improvement course has been completed, the court clerk shall report the completion to the department of safety. The report shall be accomplished on the abstract of record of the court referenced in § 55-10-306.
(c) Subsection (b) shall not apply to any person who holds a Class A, B, or C license and is charged with any violation, except a parking violation, in any type of motor vehicle.
(d) Subsection (b) shall not apply to any person who holds any class of driver license and who is charged with any violation, except a parking violation, while operating a commercial motor vehicle.
THP Adult Points System
The Driver Improvement Section of the Tennessee Department of Safety was established to monitor the driving records of Tennessee drivers. Drivers that accumulate twelve (12) or more points on their driving record within any 12-month period are sent a notice of proposed suspension and given an opportunity to attend an administrative hearing. If they fail to request a hearing, their driving privileges are suspended for a period of six to 12 months. In most cases, when a driver requests a hearing, they are given the opportunity to attend a defensive driving class in lieu of suspension or a reduction of suspension time. Locate a Tennessee Department of Safety approved Defensive Driving School.
Juvenile Points System
Drivers less than eighteen (18) years of age that accumulate six (6) or more points on their driving record within any twelve (12) month period are sent a notice of proposed suspension from the Department of Safety and are placed in the Driver Improvement Program. The driver will be required to attend an administrative hearing, with their parent or guardian present, to discuss the points assigned to their driving record. Certain actions could be imposed based on the outcome of the hearing and the number of points accumulated on the driver's record.
Frequent Traffic Violation Suspension (T.C.A. 55-50-505)
•Obtain a Driver Improvement Restricted Application Form from the Hearing Officer on date of hearing, or download an application request form. All information on form must be completed.
•Submit completed form to Driver Improvement Section, 1150 Foster Avenue, Nashville, TN 37243 for approval. Driver Improvement will return the application either approved or denied.
•Obtain SR-22 from liability insurance company.
•Present approved application form, SR-22 form, and driver license fee to Driver License Examiner and pass driver license examination.
THP Violation Points
Tickets and Court Abstractions where speed not indicated on source documents 3
Speeding 1 through 5 mph in excess of speed zone 1
Speeding 6 through 15 mph in excess of speed zone 3
Speeding 16 through 25 mph in excess of speed zone 4
Speeding 26 through 35 mph in excess of speed zone 5
Speeding 36 through 45 mph in excess of speed zone 6
Speeding 46 mph and above in excess of speed zone 8
Reckless Driving 6
Signs and control devices - Failing to obey traffic instructions 4
Improper passing - passing where prohibited 4
Wrong way, side or direction 4
Following improperly 3
Failing to yield the right-of-way 4
Making improper turn 4
Violation of driver license or certificate restrictions 6
Reckless endangerment by vehicle, misdemeanor 8
Miscellaneous traffic violations failing to maintain control, improper control, etc., or any offense involving the operation of a motor vehicle not herein specified 3
Leaving the scene of an accident (property damage only) 5
Failure to report an accident (property damage only) 4
Failure to yield to emergency vehicles 6
Failure to stop at railroad crossing 6
