TRAFFIC OFFENSES

SPEEDING

Often detected by Laser, Pacing & Radar.

Typically issued by city police officers, deputy sheriffs

and Tennessee state troopers.

Many drivers when confronted with this charge simply give up and pay the speeding citation. Often, drivers feel they are powerless to defend a "speeding ticket" that is supported by police radar. Do not give in to the temptation to "just pay the ticket" without consulting with a competent traffic law attorney. Paying a citation can be very costly. By paying the citation you are essentially admitting guilt to the speed that the officer has charged. As a result, paying the citation will almost always cause points to be assigned to your driver license record, which could ultimately cost you your driving privileges (Generally, this occurs when you have had multiple traffic citations). Equally bad, your insurance rates may increase. Over the long term, a speeding conviction can be very costly.

Like any criminal accusation, the police must prove your guilt in order to obtain a conviction. The officer is obligation to prove that you operated a motor vehicle in excess of the posted speed limit or in excess of the maximum speed provided by law (often 70 M.P.H. on rural Interstates but lower in cities) in order to secure a conviction. The officer must establish through his testimony or other competent-evidence that you were speeding. Many drivers are surprised to learn that a speeding citation (the ticket) is not in and of itself considered evidence. Moreover, drivers are often further surprised to learn that police-radar-guns are prone to errors and can, if not operated properly, even report the speed of the "wrong" automobile. With the foregoing in mind, there are ways the police can use a traffic citation and radar evidence to convict a driver. However, a traffic law attorney can help you make sure that the police are limited to using legally admissible evidence that you were speeding.

Finally, out-of-state drivers must understand that your home-state's driving laws will determine what happens to your driver license based on the outcome of your case in Tennessee. Therefore, if you hold a non-Tennessee driver license, you should consult with a lawyer in your home state as to how a conviction in Tennessee will affect your driving privileges in addition to retaining a competent Tennessee traffic attorney to handle your case.

RECKLESS

DRIVING

Generally - an additional charge to speeding.

Class B Misdemeanor - meaning a court could potentially sentence a driver to up to six months in jail, if convicted.

This Tennessee driving offense should only be charged when the police can show that a driver was operating a motor vehicle with wanton disregard to the safety or property of others. Often this crime is charged simply because someone is driving "too fast". However, Tennessee law requires more than the officer saying a driver is going too fast. The officer must have evidence that a driver is operating a motor vehicle in an unsafe manner.

A conviction for reckless driving can greatly increase insurance rates and will generally cause six points to be assessed to the driving record of a Tennessee driver. Others states may treat this offense even harsher once it is reported to the home state of an out-of-state driver. Again, a driver should consult with an an attorney in his or her home state to learn how a conviction in a Tennessee court will affect his or her driving privileges.

DISTRACTED DRIVING

Common charge for cell phone owners.

Drivers are often confronted with the charge of texting and driving as an additional charge to speeding. While the "cost" of the ticket can appear low, you should never plead guilty to this charge without consulting with an attorney. Your insurance company will not be pleased that you have been engaged in texting while driving. Restated, you do not want your insurance carrier to think you are more interested in texting than driving your automobile. Additionally, your current employer or prospective employer could take a dim view of this activity. Remember, by paying the ticket you will almost always be admitting guilt.

Andrew S. Cunnyngham