Traffic Violations in Tennessee

A traffic violation occurs due to a road user’s negligence toward laws that govern the safe use of roads. Disregarding these safety laws can lead to traffic accidents, injuries, and in extreme cases death. Road users that fail to abide by these laws can be found guilty of committing a traffic violation.

In Tennessee, traffic violations can be classified as either civil or criminal offenses. Civil traffic violations are considered infractions. These types of violations are low-level offenses that are punishable by fines payments, mandatory attendants of driving school, and other non-incarceration sentences such as community service.

Criminal traffic violations on the other hand composed of serious offenses that are classified as misdemeanors or felonies. Criminal traffic violations are considered serious offenses due to these violations’ capacity of causing injury, death, property damages, or at least the threat of it. For these types of violations, offenders can be given similar penalties as minor traffic violations. However, fines are typically steeper and sentences involving jail time are entirely possible.

In Tennessee, road users are usually pulled over by law enforcement officers and issued traffic citations when they commit a traffic violation. These traffic citations can be issued by paper or through an electronic device. Under Tennessee Code 55-10-207, cited road users must signify acceptance of these citations by signing them. Law enforcement officers are allowed to make physical arrests based on a cited offender’s refusal to sign an issued citation.

Types of Traffic Violations in Tennessee

As previously stated, traffic violations in Tennessee can be classified based on the violation severity as being a civil or criminal violation. This classification covers all traffic violations that can be committed in the state. However, another classification exists which takes into consideration the motion of the offender’s vehicle when the violation was committed. As a result, rather than only being charged with only civil or criminal violations, offenders can also be charged with moving and non-moving violations.

In Tennessee, moving violations includes:

Speeding
Making improper turns
Failing to yield right of way
Unlawfully following emergence vehicle
Sudden reduction of speed
Using controlled access roadways
Operating cell phones while driving.

Whereas, non-moving violations would typically involve stationary vehicles, faulty or damaged vehicle equipment, and parking. However, according to TN code 55-8-198, surveillance footage obtained from traffic light signal monitoring systems that contain evidence of any traffic violations are all considered non-moving traffic violations. As such, Tennessee road users can be cited for a non-moving traffic violation solely based on evidence retrieved from these traffic monitoring systems.

Generally, other non-moving traffic violations include:

Parking in veteran or handicap spaces without a valid permit
Parking on public roads or blocking a sidewalk, crosswalk, or an intersection
Parking in a no-parking area or a restricted zone
Damaged or faulty equipment such as broken headlights, tail lights, or windshield wipers, and others.
No insurance, registration, or license.

Due to the perceived severe consequences of moving violations which includes a higher risk of death, injury, and destruction of property, penalties for moving violation tend to be steeper by comparison. Hence, offenders are not only liable to fines and their licenses being revoked or suspended but also Driver improvement points can be added to driving records by the Department of Safety and Homeland Security. These points are assigned based on the type of moving violation or its contribution to the occurrence of an accident. The amount of points road users have on their record can negatively affect different areas of their life such as an increase in their premiums on life insurance and revocation or suspension of their licenses.

Tennessee Traffic Violation Code

Title 15 (motor and other vehicles) of the Tennessee Code (TNC) contains traffic safety and vehicle registration laws. These laws govern the ownership of vehicles, their registration, and their use on Tennessee roads and highways. Road users are also required to follow traffic rules and regulations provided by these laws, as well as be liable to penalties for committing traffic violations.

Tennessee Felony Traffic Violations

Although most traffic violations in Tennessee are class C misdemeanor offenses, these violations can be raised to felony offenses provided certain conditions are met. Which includes:

Being convicted of several prior offenses (repeat offenders)
Accidents involving death or serious injury to a person
Accidents involving the destruction of properties.
Being directly responsible for an accident and fleeing the scene
Wilful disregard of the safety of other road users

Compared to misdemeanors or infractions violation, for a felony traffic violation, offenders can expect long prison sentences and costlier fines when convicted. Examples of felony traffic violations include and are not limited to:

Driving under the influence(DUI); under TNC 55-10-402, after being convicted of their fourth offense, offenders are sentenced as felons for all other proceeding convictions for DUI offense.
Temporary borrowing or fraudulently obtaining a vehicle (joyriding) and neglecting to return it under TNC 55-5-104 (a class E felony)
Felony failing to yield right of way to emergence vehicle under TNC 55-8-132

Tennessee Traffic Misdemeanors

In Tennessee, class C misdemeanor traffic violations are considered one of the common types of violations. These violations include most speeding violations. Compared to other types of misdemeanors, class C misdemeanors carry less severe penalties. These may include up to 30 days in jail and fines up to $50. Class B misdemeanors on the other hand can carry penalties of up to six months of incarceration and fines of up to $500. While class A misdemeanors are the most severe with penalties of up to 11 months of incarceration and fines of up to $1500. Generally, some examples of misdemeanors include:

Insurance requirement violation for conducting motor vehicle races under TNC 55-22-104 (class A misdemeanor)
Driving with a canceled, revoked, suspended, or fraudulent driver’s license or other forms of government-issued photo identification documents per TNC 55-50-601 (1) (class C misdemeanors).
Road users Failing to show a traffic officer their licenses or other forms of government-issued photo identification document upon lawful demand according to TNC 55-50-601(4) (class C misdemeanors).
Road users providing licenses and other requested forms of identifications not issued to them as theirs per TNC 55-50-601(3).
Driving unregistered vehicles upon a highway under TNC 55-3-102 (class C misdemeanor).

Tennessee Traffic Infractions

Traffic infractions constitute minor non-criminal violations that road users can be cited over in the state. Compared to other types of road violations, the penalties for committing traffic infractions usually do not involve any jail time. However, offenders may be obligated to pay fines, have driver improvement points added to their driving record, be mandated to attend driving school, and be sentenced to community service.

Most states including Tennessee consider parking violations as infractions. However, Tennessee state laws do not provide any mentions of traffic infractions that road users can be cited over in the state. Most traffic violations other states consider an infraction may be treated as a C class misdemeanor in Tennessee.

Tennessee Traffic Violation Codes and Fines

In Tennessee, road users can be cited and issued several types of traffic violation tickets. As a result of being issued these tickets, offenders would be obligated to pay fines and are liable to certain penalties depending on the violation the ticket is based on.

There are several mentions of different felonies and misdemeanor traffic violations and their respective penalties in Tennessee's motor vehicle commission’s statute. However, state laws do not provide a particular based line amount for the different types of violations fine that roads are obligated to pay for committing traffic violations. Fines amount are usually determined by a county traffic violation schedule.

Each Tennessee county maintains a traffic violation schedule that is usually accessible on its official site. For example, the Goodville county traffic fine schedule provides a list of violations along with fines offenders are obligated to pay when found guilty of committing different types of traffic violations in that county. The contents of these fine schedules are usually similar across counties due to schedules being derived from Tennessee state laws.

How to Pay a Traffic Violation Ticket in Tennessee

In Tennessee, depending on the type of tickets issued by a law enforcement agent, separate agencies or courts handled their payments. These tickets include misdemeanors and parking tickets. Note that, when offenders pay off their traffic ticket, they are automatically convicted of the offense stated on the traffic ticket. This inherently means that they have accepted the charges against them and can face the consequence of such charges. These consequences may include driver improvement points being added to their driving record.

Parking ticket: In the case of parking tickets, the traffic violation bureau of the county where the parking ticket was received and manages the payments process for these types of tickets. Depending on the county, payments can be made in person at the bureau’s physical location, by mail, or online. It is important to contact the county’s bureau to determine the payment method that is accepted for that particular county. For example, the Nashville county circuit court provides payment instructions that can be followed in paying parking tickets.

Traffic violation ticket: Each county’s circuit clerk office manages and receives payments for all types of traffic violation tickets. Most counties provide online payment portals that can be used by offenders to make payment for traffic violation tickets received in a particular county. Payment can also be made in person at the physical locations of the county circuit clerk’s office, by mail, or by Phone: (if allowed in the county). It is important to contact the county clerk’s office or visit the county court’s official website to find out payment options available in that county.

Traffic Violation Lookup in Tennessee

In Tennessee, traffic violation tickets can be looked up online. Each county’s circuit court maintains online systems that can be used for looking up traffic violations.

All Inquirers would need to do is visit the court website of a particular county and navigate to the appropriate section or link on the website. For example, In the case of Gallatin county, inquirers would need to navigate to the ticket page of the county website and click on the online payment link. After which the inquirer would be led to a violation search portal. On this portal, an inquirer would be able to search by either providing the citation number, driver’s license, vehicle information, or the name of the subject of the inquiry.

Note that, location of the search portal defer by counties website. Inquirers may be able to find these portals on the online services or traffic tab of a county website menu. Alternatively, inquirers can contact the county court clerk to make inquiries on how to look up traffic violations.

How to Plead not Guilty to a Traffic Violation in Tennessee

All Tennessee road users have the right to contest charges and proof beyond reasonable doubt that the charges placed against them were unwarranted. For an individual to plead not guilty to a traffic violation, they would need to contact the county court clerk’s office before their original trial date and schedule a new trial date.

The defendant “the individual pleading not guilty” and the officer who issued the ticket would be ordered by the court to present their cases on the new trial date. The defendant can choose to represent themselves or hire an attorney. On that date, The court would determine if the charges should be upheld or dropped. The defendant may also request to attend a driving school. If the request is granted, the defendants would have to pay the fines, pay for the driving school course, and attend the driving school. As a result of going to the driving school, driver improvement points would not be added to the defendant driving record. If later found guilty by the court the defendant would have to pay the fines for the ticket, court fees, and points would be added on their driving record.

What Happens if You Plead No Contest a Traffic Violation in Tennessee

A no-contest plea also known as “nolo contendere” holds the same value as a guilty plea. As such, the effects of these two types of pleas are inherently similar. However, unlike a guilty plea, a no-contest plea is not an admission of guilt nor does it deny responsibility for the violation. As a result, the conviction can not be used against the defendant in other civil cases or be exploited in a civil damage suit.

A no-contest plea would see the defendant sentenced immediately with similar penalties to that of a guilty plea. In certain cases, sentences may be issued at a later date. Penalties of a no-contest plea may include fines, mandatory attendance of a driving school, jail time, probation, and community service.

How Long Do Traffic Violations Stay on Your Record?

In Tennessee, as a result of pleading not guilty no contest to traffic violation charges, the driver improvement point associated with the violation would be added to the offenders driving record. The presence of these driver improvement points on their records can lead to several unpleasant consequences which include the driver being regarded as high risk to insurance companies. Due to this fact, that individual may have their auto insurance rate increased.

These driver improvement points can remain for a minimum of two years regardless of the violation committed. The traffic violation that results in the addition of points to the individual driving record can remain on their record for a minimum of 5 years, particularly speeding violations.

Can Traffic Violations Be Expunged/Sealed in Tennessee?

No. Although Tennessee state laws grant eligibility to certain conviction records of criminal offenses to be expunged, both moving and non-moving traffic offenses are not considered as being eligible for expungement. Additionally, there are no provisions in the state laws that grant traffic violation record holders the right to request expungement of their records in court. However, it is possible to remove driver improvement points added on an individual driving record by attending state-sanctioned driver improvement programs.

What Happens if You Miss a Court Date for a Traffic Violation in Tennessee?

When a defendant fails to appear in court, that individual would be automatically deemed guilty of Failure To Appear (FTA). Some of the possible consequences of FTA includes:

The Tennessee Department of Safety may suspend the offender’s driving privileges in the state.
The court can charge the offender with a Class E felony, which is punishable by fines of up to $3000 and prison time between 1-6 years. This is only possible if the offender’s original charge was either a class A misdemeanor or any felony
The court can charge the offender with a Class A misdemeanor if their original charge was a misdemeanor. This is punishable by fines of up to $2500 and up to a year jail sentence.
Bail forfeiture; if the offender was out on bond at the time of their FTA, they run the risk of losing the money they used to post bail.
The court can issue a warrant out for the offender’s arrest