Traffic Law in Knoxville, TN
Traffic law refers to the creation, implementation, and enforcement of Knoxville, Tennessee traffic codes. Traffic violations can vary in severity, ranging from minor speeding tickets to serious DUI charges. These violations lead to consequences, which can include fines, license suspension, license revocation, and even jail time.
In many states, when people fail to disprove traffic offenses, authorities may assess points and add them to a person’s driver’s license. These points can increase your car insurance premium for several years. If you accumulate too many points, it can even lead to a license suspension.
The Tennessee Department of Safety and Homeland Security lists a myriad of reasons as to why a driver in Knoxville could have their license suspended or revoked. Recording 2 or more convictions for reckless driving in 12 months will result in a suspension of your license. In addition, driving under the influence of alcohol, failing to pay court costs, or failing to pay child support can also result in a license suspension.
If you are currently facing traffic violation accusations in Knoxville, Tennessee it’s important to seek legal counsel as soon as possible. It’s a common pitfall to believe you can represent yourself in court. However, an experienced Knoxville, TN traffic law attorney increases the chances of proving your innocence. You also improve your odds of reducing sentences and getting rid of points.
Legal Strategies to Fight Knoxville, Tennessee Traffic Tickets
Many people don’t realize that fighting a traffic ticket and winning is a common occurrence. You might think paying court and legal fees to fight a ticket just isn’t worth it. On the other hand, keeping costly points off your license can save you more money in the long run. If you hire a qualified Knoxville attorney to fight your traffic ticket, oftentimes the police officer won’t even show up to court and you’ll win. In these instances, you no longer have to pay the ticket, and the points get removed from your license.
Most traffic cases in Knoxville are under the jurisdiction of the Knoxville City Court. However, if you receive a DUI you may have to come before the Knox County General Sessions Court.
If the officer does show up at court, an experienced traffic lawyer can make a solid case in your defense. Here are common legal strategies that your lawyer may employ to help you fight a traffic ticket.
Challenge the Officer’s Conclusion in Traffic Law Court
If any Knoxville, TN officer made a judgment on whether you broke the law, your attorney may argue the conclusion they came to was not the right one. For example, an officer might say that you made an unlawful turn, but in actuality, they couldn’t see whether it was unlawful or unsafe.
Challenge the Officer’s Observations in Traffic Law Court
In situations where it’s your word against an officer’s observation, you have the right to challenge their account. To do so, your traffic law attorney must create enough doubt about the officer’s testimony. This can be difficult to handle alone, as judges often side with law enforcement. However, presenting strong evidence to support your case can improve your chances of success. Below are examples of evidence that could help:
- Photographs of the scene of the traffic violation
- Witnesses, such as passengers or bystanders
- A diagram showing where your car was, and where the officer’s car was about the traffic violation
- Showing that the point of view from where the officer was made it impossible for them to see what happened
Prove Your Conduct Was Legally Justified
If you commit an unlawful driving violation in Knoxville, TN you can argue that it happened due to the circumstances. There are countless examples of this. The main goal is to prove to the judge that even though your actions may have constituted a violation, you had good reason to do so. Here are a few of these examples:
- Driving too slowly because you are about to make a left turn
- Swerving your car in a panic after a bump in the road caused hot coffee to spill from the cup in the cupholder
- Driving above the speed limit to get to the hospital because of a sudden medical emergency
Prove Your Conduct Was Necessary to Avoid Harm
Sometimes, you have to violate Knoxville traffic law because you were preventing injury to yourself or others. This would be a viable defense to fight a traffic law ticket. You may believe your conduct is justifiable because you were avoiding harm. Ensure that you can clearly and accurately explain the situation in court. Here are some situations in traffic law where unlawful conduct is necessary to avoid harm:
- Speeding up well past the limit to avoid an out-of-control car
- Speeding up to avoid being rear-ended by an aggressive driver
- Slamming the brakes on a main road to avoid colliding with an animal that was crossing the street
- Swerving your car into the neighboring lane to avoid another car that swerved into your lane
Prove Your Conduct Was a “Mistake of Fact”
If your unlawful traffic violation happens due to a “mistake of fact” this means you simply made an honest and understandable error. When using this angle to defend your traffic ticket, try to have photo evidence of the issue in question for your hearing. The judge can use their discretion to determine if your error was a mistake of fact and can either enforce or drop the traffic ticket. Here are some examples where this might prove applicable:
- You failed to stop at an obscured stop sign.
- The sun was at the exact angle that you could not see the light turn yellow and it was too late to stop when you did see the light.
- A traffic sign was faded and hard to read so you could not do as it said.
Traffic School Programs
In some cases, going to a traffic school that has state sponsorship or approval can help clear your driving record. A judge may even make this a requirement after you’re found guilty of egregious speeding or a DUI. While this will involve some out-of-pocket costs, it can be worth the time and investment.
The State of Tennessee offers a list of accredited driving schools that motorists can use to fulfill court-ordered mandates. Defensive driving courses can also be used to remove points from a license or to simply improve driving skills for individuals. Certain insurance companies will also lower your premiums if you present a certificate of completion to your provider.
Work with an Experienced Knoxville, Tennessee Traffic Law Lawyer
Going up against Knoxville law enforcement officers when the judge seems more inclined to agree with them than you, can feel intimidating. This is especially the case if you have other traffic violations in the past that may reflect poorly on your driving habits. There is never a guarantee of the outcome in a court of law. However, working with an experienced Knoxville traffic law attorney can re-inject objectivity into the discourse and get you the justice you seek.
Are you ready to reach out to a traffic lawyer to get help with your case? We can even help you connect with an attorney across Tennessee state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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