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Driving and Traffic Offenses
TENNESSEE CRIMINAL DEFENSE
Don't Let a Mistake Define Your Future
Facing a traffic ticket or driving-related charge in Tennessee? Many violations go beyond simple fines—they can escalate to misdemeanors or felonies, threaten your license, and trigger jail time. As Tennessee criminal defense attorneys, The Evans Law Firm fights to protect your driving privileges, reduce charges, and keep your record clean.
Below is a clear breakdown of common non-DUI driving offenses under the Tennessee Code Annotated (TCA), current as of 2025:
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Reckless Driving – TCA § 55-10-205
Definition: Operating a vehicle with willful or wanton disregard for the safety of persons or property.
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Classification: Class B Misdemeanor
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Penalties:
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Up to 6 months in jail
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Fine up to $500
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6 points on driving record
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Possible license suspension
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Driving on a Suspended or Revoked License – TCA § 55-50-504
Definition: Operating a motor vehicle after your license has been suspended or revoked.
Leaving the Scene of an Accident (Hit & Run) – TCA § 55-10-103
Definition: Failing to stop and provide information after a crash involving injury, death, or property damage.
Vehicular Assault – TCA § 39-13-106
Definition: Recklessly causing serious bodily injury with a vehicle (non-DUI).
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Classification: Class D Felony
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Penalties:
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2–12 years in prison
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Fine up to $5,000
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License revocation: 3–5 years
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Vehicular Homicide – TCA § 39-13-213
Definition: Unintentionally causing death through reckless driving (non-DUI).
Evading Arrest in a Motor Vehicle – TCA § 39-16-603
Definition: Intentionally fleeing law enforcement in a vehicle (Class E Felony), creating risk of injury or damage to the public (Class D Felony).
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Drag Racing / Street Racing – TCA § 55-10-501
Definition: Competing in speed or acceleration on public roads.
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1st Offense: Class B Misdemeanor (up to 6 months jail, $500 fine)
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2nd+ Offense: Class A Misdemeanor
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Vehicle impoundment: 30 days
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License suspension: 6–12 months
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Mitigation: First-time offenders often qualify for diversion or judicial diversion.
Habitual Traffic Offender (HTO) – TCA § 55-10-601 et seq.
Definition: 3+ major violations (or 12+ points) within 3 years → declared HTO.
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License revocation: 3–5 years
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Felony charge if caught driving as HTO (Class E)
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Common Defenses to Traffic Crimes
We beat or reduce charges by attacking:
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Lack of Probable Cause – Illegal stop or detention
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Equipment Malfunction – Speedometer, radar calibration, dashcam issues
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Necessity Defense – Driving while suspended to avoid greater harm
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Mistaken Identity – Wrong vehicle or driver
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Plea to Lesser Infraction – Reckless → careless, felony → misdemeanor– Avoid license suspension, high points
Protect Your License. Fight Your Charge.
A single traffic conviction can cost you thousands in insurance hikes, job loss, and freedom. Don’t pay the ticket without a fight—many charges can be dismissed, reduced, and/ or expunged.
At The Evans Law Firm, we’ve kept hundreds of Tennesseans on the road.
You have rights. Use them. Drive smart. Defend smarter.
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