In many states, with many tickets, it's possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. This...
In cases where your state law requires an objective observation by the officer (not a judgment call about whether your action was safe), it often b...
Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a ju...
You may also successfully argue that your actions were "legally justified" considering the circumstances of your alleged violation. For example, if...
Emergencies not of your own making are often another legal "necessity" defense, recognized in all 50 states. To take an extreme example, you should...
You are waiving your right to challenge the traffic ticket in court. Depending on your TN driving record, the Department of Licensing (DOL) may suspend your Tennessee driver's license. The traffic violation may cause an increase in your car insurance rates.
Traffic fines in Tennessee vary by court. If you do not pay on time, you will be charged additional late fees. Refer to your traffic ticket to determine your exact ticket amount, deadlines, and penalties.
Tennessee's Department of Licensing (DOL) does not operate under a driving record point system. However, there are penalties, including driver's license suspension and revocation, for repeat speeding tickets or other violations that exhibit a pattern of unsafe driving.
This means: You are waiving your right to challenge the traffic ticket in court. Depending on your TN driving record, the Department of Licensing (DOL) may suspend your Tennessee driver's license. The traffic violation may cause an increase in your car insurance rates.
Too many traffic violations on your driving record or commit a major violation, your driver's license can be suspended. Some major violations include: Reckless driving. Driving under the influence (DUI) of drugs or alcohol.
Some examples of moving violations are speeding, running a stop sign or red light, and drunk driving. A non-moving violation, by contrast, is usually related to parking or faulty equipment.
A moving violation occurs whenever a traffic law is violated by a vehicle in motion. Some examples of moving violations are speeding, running a stop sign or red light, and drunk driving. A non-moving violation, by contrast, is usually related to parking or faulty equipment.
Although there's not much actual strategy involved, drivers sometimes beat tickets in court just by showing up. At traffic trials, the driver and the officer who wrote the ticket must be present. If the driver shows up and the officer doesn't, the driver generally wins without having to do anything.
When you get a traffic ticket, it basically means you're accused of violating a traffic law. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial ). If you're considering fighting your ticket, here are some strategies you might want to consider.
For example, most states have a " basic speed law " that—regardless of the posted speed limit—prohibits motorists from driving faster than is " reasonable and prudent " given the current road and traffic conditions. Similarly, you can get a ticket for following too closely in most states for following another car at a distance ...
Emergencies—not of your own making—can justify a violation under the "necessity" defense. The key to this defense is to prove that it was necessary to commit the violation in order to avoid a much greater harm. For example, an unlicensed driver who nevertheless gets behind the wheel to transport a seriously injured child to the hospital could likely beat a ticket for driving without a license under the necessity defense.
The procedure of fighting traffic tickets in Tennessee requires drivers to plead “not guilty” of the offen ses they are charged with. Therefore, motorists are encouraged to dismiss traffic citations by the due date on their ticket, if they consider themselves innocent.
Fighting a Tennessee Ticket. The procedure of fighting traffic tickets in Tennessee requires drivers to plead “not guilty” of the offenses they are charged with. Therefore, motorists are encouraged to dismiss traffic citations by the due date on their ticket, if they consider themselves innocent.
Tennessee traffic tickets may affect driver’s licenses issued by the state DOS. Drivers who are 18 years of age or older will receive a notice of driver’s license suspension if they amass 12 or more demerit points on their driving transcript within any 12-month period.
They may be required to appear in court on the scheduled date of their court hearing. Failure to dispute tickets will require drivers to pay certain fines. Hiring a traffic lawyer can help you in your ticket dispute and may even help you reduce your penalty.
In most jurisdictions, the judge hearing your case will be allowed to come to their own decision regarding the traffic ticket if presented with the right evidence. For certain types of tickets, like running a stop sign, you may be allowed to present evidence ...
Second, it would be a mistake of fact to make an illegal right turn because wind had recently blown down the no right turn sign.
For instance, if you were ticketed for driving too quickly on the highway, you may present evidence that you were passing a car that you thought had a drunk driver. In this situation, your speeding may be warranted as you were trying to prevent an accident that may have caused a multi-car pile up.
In states that have such laws, the posted speed limit is not the clear-cut law, and a driver has the discretion to travel at a speed that is safe given the traffic conditions. If you have received a speeding ticket for going above the posted speed limit in such a state, you may be able to challenge the officer's opinion by proving ...
Traffic ticket fines vary throughout Tennessee. This means a fine for running a stop sign in Knoxville will not be the same in Jackson.
In addition to fines, you'll also be tagged with penalties, usually in the form of points and the loss of driving privileges.
When you appear for a traffic trial and the officer is a no show, the judge will typically dismiss the citation— meaning you win the case and don't have to pay the fine or worry about the violation going on your record.
When this happens, a driver might be able to beat a ticket using the "legal necessity" defense. The key here is to convince the judge or jury that you were forced to violate the law in order to avoid a serious and immediate danger to yourself or others.
Generally, this strategy is viable in Âsituations where a cop must make a subjective judgment as to whether you violated an element of the offense.
For instance, establishing a distracted driving violation might require proof of two basic elements: 1) the person was driving, and 2) the person was using a prohibited electronic device (like a cellphone).
For instance, establishing a distracted driving violation might require proof of two basic elements: 1) the person was driving, and 2) the person was using a prohibited electronic device (like a cellphone).
Whatever offense you've been cited for, if the state can't prove even one element, the judge is supposed to find you not guilty. So, if you think the evidence is weak or absent as to any element, you probably want to direct that the judge's attention to the deficiency.
For Âexample, if you failed to stop at a stop sign after a major storm because the sign was hidden by a broken branch, a judge might let you off the hook.