Tennessee Traffic Violations

In Tennessee, understanding traffic laws and potential violations is key to maintaining a safe driving environment for everyone.

The Tennessee Department of Safety and Homeland Security (DSHS) Motor Vehicle Commission (MVC), along with various law enforcement agencies, such as the Tennessee Highway Patrol (THP), work together to enforce these laws and ensure the well-being of all road users.

Violations of these traffic regulations can carry a range of consequences depending on the severity of the offense as defined in Tennessee Code Title 55, Chapter 10. These consequences may include criminal charges, fines, and arrests. Additionally, accumulating too many points on a driving record can result in the loss of driving privileges.

Responsible driving practices are paramount in preventing these penalties and reducing traffic-related injuries and fatalities throughout Tennessee. Adhering to traffic regulations and remaining attentive on the road contributes to a safer driving environment for everyone.

What Are the Major Traffic Violations in Tennessee?

In Tennessee, traffic violations are divided into two main categories: moving violations and non-moving violations. Each carries its own set of consequences and potential penalties.

Moving violations occur while a vehicle is in operation. Common examples include:

• Speeding: Exceeding the posted speed limit.
• Reckless Driving: Operating a vehicle with disregard for the safety of others or property.
• Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
• Failure to Yield: Not giving right of way to another vehicle or pedestrian when required.
• Running a Red Light or Stop Sign: Failing to stop at a red light or stop sign.

The severity of the penalty for a moving violation depends on the specific offense, the driver's history, and any aggravating factors. Penalties can range from fines and points on a driver's license to license suspension or even jail time for more serious offenses like DUI.

Tennessee documents these infractions in the Interactive Moving Violation Records, accessible to subscribers and authorized individuals stipulated in the Federal Driver's Privacy Protection Act of 2000

Meanwhile, non-moving violations are typically related to vehicle maintenance, parking, or documentation. Common examples include:

• Expired Registration: Operating a vehicle with expired registration tags.
• Parking Violations: Parking in a prohibited zone, overtime parking, or blocking a fire hydrant.
• Equipment Violations: Driving with a broken taillight, headlight, or other faulty equipment.
• Driving Without Insurance: Operating a vehicle without the required liability insurance.

Penalties for non-moving violations usually involve fines, but repeated or serious offenses can lead to vehicle impoundment or other consequences.

Felony Traffic Violations in Tennessee

Felony traffic violations in Tennessee are serious offenses, often involving significant harm or death to others. These violations can result from actions like DUI causing injury or death or fleeing the scene of an accident that caused harm. The penalties for felony traffic violations in Tennessee are severe, and they can vary depending on the specific class of felony.

The Tennessee Code Section 40-35-111 categorizes felonies into five classes, each with varying degrees of severity and corresponding penalties:

• Class A Felony: This is the most serious class of felony, punishable by 15 to 60 years in prison and fines up to $50,000. An example of a Class A felony is aggravated vehicular homicide, which involves reckless DUI of alcohol or drugs, resulting in death.
• Class B Felony: This class of felony carries a sentence of 8 to 30 years imprisonment and fines up to $25,000. Vehicular homicide, where a driver unintentionally causes the death of another person while DUI, is a Class B felony in Tennessee.
• Class C Felony: A Class C felony can result in 3 to 15 years of imprisonment and fines up to $10,000. An example of a Class C felony is a DUI offense causing serious bodily injury to another person.
• Class D Felony: This class of felony carries a sentence of 2 to 12 years in prison and fines of up to $5,000. Vehicular assault, which involves reckless driving causing serious injury to another, is classified as a Class D felony.
• Class E Felony: The least severe class of felony, Class E, is punishable by 1 to 6 years in prison and fines up to $3,000. Driving on a revoked or suspended license due to a previous DUI conviction falls under this category.

In addition to imprisonment and fines, individuals convicted of felony traffic violations in Tennessee may face other consequences, such as:

• Suspension or revocation of driver's license
• Increased vehicle insurance premiums
• Loss of the right to vote or own firearms
• Difficulty finding employment or housing due to the felony conviction on their criminal record

Misdemeanor Traffic Violations in Tennessee

Most traffic offenses are classified as misdemeanors, with varying degrees of severity and corresponding penalties. However, they are less serious than felony traffic offenses.

Misdemeanor traffic violations in Tennessee are classified into three categories:

• Class A Misdemeanors: These are the most serious traffic misdemeanors, carrying potential fines of up to $2,500, imprisonment for up to 11 months and 29 days, or both. Examples include reckless endangerment and a second offense of driving with a suspended license within ten years.
• Class B Misdemeanors: Less severe than Class A, these offenses can result in fines up to $500, a jail term of up to six months, or a combination of both. Examples include reckless driving and a first offense of driving with a suspended license.
• Class C Misdemeanors: The least serious category, these misdemeanors may lead to fines up to $50, a jail term of up to 30 days, or both. Common examples include driving without a seatbelt and failing to obey traffic control devices.

In addition to fines and potential imprisonment, traffic misdemeanors can lead to the suspension of a driver's license, points added to their driving record, and increased insurance premiums.

Traffic Infractions in Tennessee

Traffic infractions are non-criminal violations of traffic laws or local ordinances. They represent the least severe type of traffic offense in Tennessee. Drivers cited for a traffic infraction will not face jail time and, in some cases, may not even have points added to their driving record.

Tennessee sees a variety of traffic infractions, including:

• Traffic Camera Violations: These occur when a vehicle is photographed violating a traffic law by an automated traffic enforcement camera.
• Jaywalking: This involves crossing a roadway outside of designated crosswalks or against traffic signals.
• Parking Violations: These include parking in prohibited areas, overstaying a parking meter, or violating other parking regulations.
• Failure to Yield: This infraction occurs when a driver does not give the right of way to another vehicle or pedestrian who legally has it.
• Speeding: Under Tennessee Code Annotated Section 55-8-152, the maximum speed limit is 65 mph on state highways and public roads and 70 mph on interstate highways. The statute also specifies lower speed limits for certain areas, such as 15 mph in school zones. Exceeding these posted limits can lead to penalties, including fines and points added to one's driving record.
• Mobile Phone Use: In Tennessee, using a mobile phone, including texting or holding the phone, while driving is prohibited. Failure to do so could result in penalties such as points added to one's license.
• Seatbelt Violations: Drivers and passengers under 16 must wear seatbelts, and failure to comply can result in penalties.
• Failing to Stop or Signal: Failing to stop at stop signs, red lights, or railroad crossings, as well as failing to signal turns or lane changes, are common infractions.
• Following Too Closely: Maintaining a safe following distance is crucial for accident prevention, and tailgating can lead to a traffic infraction.

If cited for a traffic infraction, the driver typically receives a ticket detailing the offense, the potential fine, and the deadline for payment or court appearance. The specific steps for responding to a traffic infraction may vary slightly depending on the jurisdiction and the type of infraction.

How Does Tennessee's MVC Point System Work?

The Tennessee MVC oversees a point system to track driving infractions and promote safer roads. Points are assigned to a driver's record based on the severity of the traffic violation. For instance, minor offenses like speeding between 1 and 5 mph over the limit incur one point, while more serious offenses like reckless driving result in six points.

For a complete list of traffic violations with their corresponding points, check the "Schedule of Points Values" on the TN DSHS official website.

When a driver accumulates 12 or more points within a 12-month period, they receive a notice of proposed suspension and can attend an administrative hearing.

Failing to request a hearing results in an automatic suspension of driving privileges for 6 to 12 months. In many instances, those who request a hearing can opt to attend a defensive driving course either to avoid a license suspension or to reduce the duration of the suspension.

Juvenile Points System

Drivers under the age of 18 face a different threshold. If they accumulate six or more points within 12 months, they are placed in the Driver Improvement Program and must attend an administrative hearing with a parent or guardian.

The hearing outcome, combined with the number of points accumulated, will determine the subsequent juvenile program actions.

These actions can vary widely, ranging from formal warnings and mandatory driver education courses to temporary license restrictions or, in more serious cases, license suspension.

How Long Do Points Stay on Tennessee Driving Records?

Points in Tennessee remain on a driver's record for two years from the date of the violation. After this period, the points are removed and no longer factor into potential penalties or insurance rates. It is crucial to remember that accumulating points can have significant consequences, including license suspension and increased insurance premiums.

Regularly checking one's driving record helps individuals stay informed about their point status and take necessary steps to maintain a clean driving history. Drivers can access their driving record online by visiting a local driver services center or request it by mail at:

What Is the Process for Handling Traffic Tickets in Tennessee?

Traffic violations in Tennessee carry a range of consequences, presenting drivers who receive citations with several options for resolution. Each ticket indicates a specific timeframe to either pay the fine or contest the citation, often labeled as "appearance date," "due date," or "compliance date."

Failing to act by this deadline may lead to a default judgment, potential arrest warrants, or driver's license suspension. Understanding the procedures surrounding traffic tickets in Tennessee can help drivers make informed decisions about their specific situations.

Paying the Traffic Ticket

Paying a traffic ticket in Tennessee serves as an admission of guilt, waiving the right to challenge the ticket in court. This is the simplest option, but it results in points added to the driver's record, potential increases in insurance rates, and, in some cases, license suspension.

Paying the ticket may be done online, by mail, or in person at the court clerk's office, often requiring the ticket number, driver's license, and proof of insurance.

Depending on the county where the ticket was issued, convenient online tools are available to help drivers manage their traffic citations.

For instance, the Davidson County Circuit Clerk's office offers not only an online system to pay traffic tickets but also resources for drivers to submit proof of compliance with traffic laws, request court records, and check the dates and times of upcoming court hearings.

Contesting the Ticket

Contesting a traffic ticket involves pleading not guilty and attending a court hearing. Before the hearing, it is essential to confirm the specific procedures and deadlines with the court named on the citation.

Some courts may require advance notice of the intent to contest, while others address it during the initial appearance. Certain jurisdictions, such as the Knox County Circuit Court Clerk, offer online options to request a trial and appear remotely before a judge.

If a court hearing determines that an individual is not guilty, all charges will be dismissed, and the driving record remains unaffected. However, court costs may still need to be paid. If found guilty, the court will impose penalties, potentially involving fines, points on the driving record, and additional consequences determined by the severity of the offense.

How Are Accident Reports Handled in Tennessee?

In accordance with Tennessee Code Section 55-10-106, accidents resulting in injury, fatality, or property damage exceeding $50 must be reported to the appropriate authorities. The information is then compiled into a detailed report that serves as an official record of the accident.

These accident reports typically contain a wealth of information, including:

• Date and time
• Location of the accident
• Identification and contact details of all parties involved
• Witness information
• Driver and witness statements
• Descriptions of vehicle damage
• Details of any injuries or fatalities
• Weather and road conditions
• Any observed traffic law violations

Additionally, the report may include the investigating officer's professional opinion regarding the cause of the accident and the determination of fault among the drivers involved.

Accident reports are crucial documents that serve multiple purposes. They provide a factual account of the incident and can be used in insurance claims, legal proceedings, and traffic safety analyses.

How To Report an Accident in Tennessee?

The first step is to contact the appropriate law enforcement agency. If the accident occurred on a state highway or interstate, the THP should be notified. For accidents within city limits, the local police department is responsible, while accidents in unincorporated areas fall under the jurisdiction of the county sheriff's office.

Upon arrival, the responding officer will collect details about the accident, including:

• Date, time, and location of the crash
• Information on all drivers and vehicles involved
• Witness statements
• Description of road and weather conditions
• Photos of the accident scene and vehicle damage

How To Get a Copy of a Crash Report in Tennessee?

In Tennessee, crash reports typically become accessible seven days after the incident. Individuals can obtain these reports online through the TN Crash Report portal for a $10 fee, payable by credit card. Necessary information includes:

• The involved driver's last name
• The accident date
• The reporting agency
• The involved driver's license number
• Either of the following: vehicle identification number (VIN), license plate number, or case/tracking number

Alternatively, if the THP investigated the accident, a copy can be purchased for $4 in person at any THP district office.

Lastly, requests can be mailed by completing the Traffic Crash Report Request Form accompanied by a check or money order for $4 to:

For accidents investigated by local law enforcement or county sheriff's offices, direct contact may be required as procedures and fees might vary.

What Should Drivers Know about Traffic-Related Arrests in Tennessee?

In Tennessee, serious traffic offenses like reckless driving, DUI, or fleeing law enforcement can lead to arrest. If arrested, drivers will be informed of their rights, including remaining silent and having an attorney.

The arrest process often includes taking the person to a police station or jail to be processed. This can involve taking fingerprints, photographs, and, for DUI cases, chemical tests like breathalyzers or blood tests.

A traffic arrest can have serious consequences. It can result in a suspended license, fines, possible jail time, higher insurance costs, and a lasting mark on a driving record.

After release, drivers should promptly consult a legal representative. They must appear in court on the specified date. They may choose to contest the allegations, negotiate for a lesser charge, or accept responsibility. In some cases, drivers might be eligible for alternative programs such as safe driving education or substance use interventions.

For legal help in Tennessee, individuals can visit the "How to Find Legal Help" page on the Department of Mental Health and Substance Abuse Services' official website.