DRIVING ON A CANCELED, SUSPENDED, OR REVOKED LICENSE IN MIDDLE TENNESSEE
Driving on a canceled, suspended, or revoked license under Tenn. Code Ann. § 55-50-501 is a serious offense that can involve jail time, expensive fines, and can prolong the reinstatement of your driving privileges. Driving is the basis of most everyone's livelihood and should be taken seriously. There are several avenues an attorney may take in handling this charge in court. It is highly recommended that anyone facing this charge, especially a suspension due to a DUI conviction contact an attorney before your scheduled court case.
A person who drives a motor vehicle on a public road when the person's privilege to do so is canceled, suspended, or revoked commits a Class B misdemeanor. If a person's privilege to drive is canceled, suspended or revoked because of a conviction for vehicular assault, vehicular homicide, or DUI they can be put in jail for at least 2 days but not more than 6 months, and there may be imposed, in addition, a fine of up to $1,000. Any convictions within 10 years prior to the immediate violation can be considered for enhancement purposes.
A second or subsequent violation of subdivision is a Class A misdemeanor. A second or subsequent conviction of driving on suspended, revoked, or canceled license because of a conviction of vehicular assault, vehicular homicide, or DUI shall serve at least 45 days and up to 1 year in jail and may be fined up to $3,000.
A vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while the person's driving privileges are canceled, suspended or revoked. A conviction for the criminal offense of driving while the person's driving privileges are canceled, suspended or revoked is not required.
INSPECT YOUR VEHICLE'S LIGHTS TO AVOID UNNECESSARY POLICE INTERACTION
Police are pulling people over left and right for non-functioning car lights. Whether it be a headlight, taillight, or brake light you need to routinely check them to ensure that they are all in good working order and that the lenses are not broken. If the lens is cracked or broken and is emitting white light, it might as well be burned out because the police can pull you over. Many people do not perform the simple task of checking to make sure their lights are working properly. Ideally, once a month you should spend 20 seconds walking around your vehicle to inspect your vehicle's lights to make sure they are working. Ask someone to look at your brake lights when you press the brake pedal. This quick routine check can prevent you from an unnecessary and costly police stop.
If you have had a drink with dinner it is a good idea to check your lights before you leave the parking lot. Even if you have had only a sip of beer it can smell like you have been drinking all day long. The officer will detect an odor of alcohol when stopping you for your non working lights and further investigate for a DUI arrest and subsequent search of the vehicle for anything illegal. You can help yourself to avoid any interaction with a quick light inspection and keeping a few spare bulbs in the glove box.
WINDOW TINT DRAWS ATTENTION AND GIVES POLICE PROBABLE CAUSE TO STOP
Police Officers are pulling people over day and night for window tint violations. The common illegal tint is 20% and is apparent to most officers just by looking compared to the legal 35% light transmittance which appears much lighter. Most window tint installers will put the T.C.A. compliant sticker in the bottom corner of the driver's side window if it is compliant with Tennessee Law which is 35% or more light transmittance. Some people who have legal tint installed over the factory tint are in violation of the window tint law.
Having dark window tint is suspicious to the police and a common way for citizens to give the police probable cause to stop their vehicle. The burden is on the owner of the vehicle to show proof that the tint is in compliance with the law. Have your receipt for the legal tint installation in the glove box and on the ready to minimize the time of interaction with the officer. If your vehicle is registered in another state please call me as soon as possible.
If you are not sure if your tint is compliant with Tennessee law, drop by the office and we will perform a free window tint test using a certified device which allows us an accurate reading of your tint within +/- 3% to give you piece of mind and let you know if your tint is legal.
The window tint law in Tennessee is covered under Tenn. Code Ann. § 55-9-107. Motor vehicle windows with tinting, reflecting or sun screen material.
(a) (1) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle in which any window that has a visible light transmittance
(A) of less than thirty-five percent (35%); or
(B) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below seventy percent (70%).
(5) The owner of any vehicle in question has the burden of proof that the motor vehicle is in compliance with this section.
(c) It is probable cause for a full-time, salaried police officer of this state to detain a motor vehicle being operated on the public roads, streets or highways of this state when the officer has a reasonable belief that the motor vehicle is in violation of subdivision (a)(1), for the purpose of conducting a field comparison test.
(d) It is a Class C misdemeanor for the operator of a motor vehicle to refuse to submit to the field comparison test when directed to do so by a full-time, salaried police officer, or for any person to otherwise violate any provisions of this section.
(e) The commissioner of safety shall establish a standardized method and procedure by which law enforcement officers can readily, and with reasonable accuracy, conduct a field comparison test to determine if a motor vehicle's windows are in compliance with this section.
Feel free to stop by for a free window tint inspection using our electronic testing device. We will be glad to check the window tint percentage on your vehicle to see if it is in compliance.
