Posts Tagged Tennessee Department of Safety

How Do I Reinstate My Tennessee Driving Privileges?

Tennessee residents who have had their driving privileges revoked or suspended because of a Driving Under the Influence conviction (or because of other traffic issues) often want to know the steps required to reinstate their Tennessee driving privileges. There is no “one-size-fits-all” answer, however, because the requirements are unique for each individual and depend on the circumstances of the revocation or suspension.

Fortunately, the State of Tennessee has made it quite easy to answer this question. By visiting the following website and entering certain key information (last name, date of birth, Tennessee driver license/I.D. number, and Social Security Number), Tennessee residents may discover the individual requirements that they need to satisfy before the Department of Safety will reinstate their driver license. This website allows individuals to not only discover the reinstatement requirements if their driving privileges have been revoked, but one may also add an emergency contact to their license, order a duplicate license, document a change of address, or even obtain a driving history.

The Oberman & Rice law firm often deals with issues involving Tennessee driver licenses, often relating to Tennessee DUI offenses or other traffic issues.  Should you have any legal issues regarding your Tennessee driver license, our attorneys, Steve, Sara, and A.Z. are available to speak with you and can be reached by calling (865) 249-7200.

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Update: Tennessee Driver License Reinstatement and Driving History

The Tennessee Department of Safety (TDOS) has updated their website to allow for individuals seeking a driver’s license reinstatement (e.g. following a revocation for a Tennessee DUI conviction) instant access to check the status of their driver’s license. This website will also allow for: Adding an Emergency Contact; Changing your Address; and the Ability to View any Reinstatement Requirements. Please keep in mind that you must have the following information in order to begin the process of accessing your driver’s license status: Tennessee Driver License/ID Number; Last Name; Last four (4) Digits of your Social Security Number; and Date of Birth. If you are unable to have access to the Internet, you may always call the TDOS at 1-866-903-7357. Tennessee drivers who have their license suspended or revoked should take advantage of this resource.

The Tennessee Department of Safety also provides resources for someone to obtain a copy of a Tennessee Driver Record/Driving History/ Motor Vehicle Record (or Tennessee MVR) online. You may also visit a full service Driver Service Center for a copy of your MVR (a list of these centers may be found here.) The following information on obtaining a copy of one’s driving record comes from the TDOS’s website:

You will need the following information to request your MVR online:

  • Name
  • Date of Birth
  • TN Driver’s License Number
  • Credit Card/Check card Payment of $7.00

 

If you choose to go to a Driver Service Center for a copy of your MVR you will need the following:

  • Name
  • Date of Birth
  • TN Driver’s License Number
  • $5.00 Payment

 

If you want someone else to obtain a copy of your MVR for you, you must submit a notarized statement authorizing that person to obtain the MVR.

You may also request a copy of your MVR by mail by mailing your request to:

                                    Tennessee Department of Safety & Homeland Security

                                    MVR Request

                                    PO BOX 945

                                    Nashville, Tennessee 37202

Please take note there is a $5.00 charge for a copy of a three-year driving record.   You may either send a cashier’s check or money order made payable to Tennessee Department of Homeland Security. Please include the Driver’s Name; Birth Date; and TN Driver’s License Number. It will take about two weeks from the mailing date to receive the record. The federal Driver Privacy Protection Act (DPPA) prohibits the release of personal identifying information from driver license and vehicle registration records unless an individual submits a form requesting their records be open.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Where may I obtain a Tennessee Restricted Driver’s License?

In order to apply for a Tennessee Restricted Driver’s License, it is important to go to the correct Tennessee Department of Safety location. Not every Driver Service Center in Tennessee is authorized to issue a Restricted Driver’s License. For example, Knoxville has several Driver Service Center locations but only one (located at **Strawberry Plains) can process the appropriate paperwork to obtain a Restricted Driver’s License and has the ability to issue a temporary Restricted Driver’s License, valid for 90 days.

A helpful online tool is provided by the Department of Safety in order to save you time and effort when attempting to find which Driver Service Center location will issue a Restricted Driver’s License. This link will allow for you to search and determine which Driver Service Center in your area can issue a Restricted Driver’s License or fulfill other needs you may have (i.e.: Renew a Driver’s License, Take a Road Driving Test, etc.).

If you are in need of a Tennessee Restricted Driver’s License, many important steps and procedures are required. The attorneys at Oberman & Rice can assist you in the process of obtaining a Restricted Driver’s License. For more information regarding a Restricted Driver’s License and the requirements for obtaining a Restricted Driver’s License the lawyers at Oberman & Rice are available by calling (865) 249-7200. You may also wish to visit www.tndui.com for more information about a Restricted Driver’s License.

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Tennessee Motor Vehicle Driving Record (MVR) Now Available Online

Tennessee motorists can now obtain a Tennessee Driving History online.  As discussed in a previous post, Tennessee Driver License Reinstatement and Driving History, Tennesseeans were previously limited to obtaining this information by either submitting a request by mail or submitting a request in person at a Tennessee Driver Service Center.

A Tennessee licensee can obtain this Motor Vehicle Report (MVR), also often referred to as a Tennessee Driving History, by visiting https://apps.tn.gov/pmvr/.  The report costs $7, which may be paid by credit card or check card; however, a prepaid card is not an acceptable payment option.  The motorist will further need to provide the Driver name, date of birth, and Tennessee driver license number.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Tennessee Highway Patrol Using Tractor Trailer to Catch Distracted Drivers

As part of its new campaign to identify and cite drivers who are texting and driving, the Tennessee Highway Patrol has a new strategy to catch distracted drivers. They are using the THP tractor-trailer truck to get a higher, better look at what drivers are doing inside their vehicles in hopes that this vantage point will help spot those texting and driving. The troopers are able to spot other violations from the truck such as lane changes and seat belt violations, but the main focus of the campaign is texting and driving.

Interestingly, the new Tennessee Highway Patrol tractor-trailer has THP logos and roof-mounted emergency lights, just like a standard patrol vehicle. Once the driver of the tractor trailer spots a driver violating the law, they radio to another trooper who then makes the stop.  The THP took the tractor-trailer to the roads recently for a special two-day enforcement campaign. In just two days, troopers issued 190 tickets using the big rig. Troopers cited 16 people for texting while driving, 21 for speeding, and 78 for not wearing a seatbelt. It is important to understand that a standard traffic violation can lead to a DUI arrest if the driver, once he or she is stopped, is suspected of Driving Under the Influence.

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about Tennessee traffic violations, Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Ignition Interlock Device Requirements Under the New Tennessee DUI Laws

Below is a brief outline of some of the most frequently asked questions regarding ignition interlock device requirements as a result of the new Tennessee DUI Laws that became effective July 1, 2013 and apply to those arrested for a Tennessee DUI on or after that date.

Is an ignition interlock device (IID) now required with every DUI conviction?

The new Tennessee Law provisions do not require an IID for every DUI offender who applies for a restricted driver’s license.

What are the IID requirements with a DUI 1st offense conviction?

The use of an IID is not required with every Tennessee DUI conviction.  Rather, one of the prerequisites listed below must be present to require the use of an IID.  For instance, an IID is not required if a person refuses a chemical test (blood, breath, or urine test) and is convicted of DUI unless certain other factors are present.  Other factors may prevent the mandatory IID requirement. Accordingly, it is important to carefully review the details of your case with your Tennessee DUI attorney.

When obtaining a restricted driver’s license following a conviction for DUI 1st offense, motorists are required to operate only vehicles equipped with an ignition interlock device when:

  1. The person’s blood or breath alcohol concentration is .08% or higher;
  2. The person’s blood or breath alcohol concentration contains a combination of any amount of alcohol and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
  3. The person was accompanied by a person under the age of 18 at the time of the DUI offense;
  4. The person was involved in a traffic accident for which notice to a law enforcement officer was required, and the accident was the proximate cause of the person’s intoxication; or
  5. The person violated the implied consent law and has a prior conviction or juvenile delinquency for a violation that occurred within five years of the instant implied consent violation for:
    1. Implied consent under Tennessee Code Annotated § 55-10-406;
    2. Underage driving while impaired under Tennessee Code Annotated § 55-10-415;
    3. The open container law under Tennessee Code Annotated § 55-10-416; or
    4. Reckless driving under Tennessee Code Annotated § 55-10-205, if the charged offense was Tennessee Code Annotated § 55-10-401.

It should be noted that even if not required by statute, judges have discretion to order the use of an ignition interlock device upon application for any restricted Tennessee driver’s license. A motorist may also request the court to order an IID rather than have her permitted driving restricted to certain days, times and locations. However, unless ordered of the court’s own accord, motorists are not eligible to apply for ignition interlock fund assistance and are responsible for all costs associated with the installation and maintenance of the device.

What are the IID requirements with a DUI 2nd or greater offense conviction?

If a person has a prior conviction within the past 10 years for DUI or Adult DWI in Tennessee or a similar offense in another jurisdiction, the court may order a restricted driver’s license.  However, the court must order that the person operate only a vehicle equipped with an ignition interlock device.

Does a violation of the Implied Consent law require the use of an IID with a restricted driver’s license?

A refusal under the Implied Consent law does not automatically trigger the requirement for an IID.  In fact, no ignition interlock device is required unless the person (1) is found to have violated the Tennessee Implied Consent law; (2) is convicted of the related-DUI offense (assuming it is a first offense); and (3) has one of the qualifying prior convictions as noted above.

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about Tennessee ignition interlock device requirements, Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Tennessee Driver License Reinstatement and Driving History

We are often asked how to obtain information from the Tennessee Department of Safety (TDOS) for driver license reinstatement (e.g. following a revocation for a Tennessee DUI conviction).  While one could certainly call the TDOS at 1-866-903-7357, the easier course of action is to check the status of a Tennessee driver license by visiting the TDOS website.  This is a wonderful resource for Tennessee residents whose driver license is revoked or suspended, however the following information is required to process a request: ; Last Name; Last Four (4)  Digits of your Social Security Number; and Date of Birth.

A related question is: how do I obtain a copy of a Tennessee Driver Record/Driving History/Motor Vehicle Record (also referred to as Tennessee MVR) online?   Tennessee does provide an option to obtain this report online.  A person may also obtain a copy of their MVR by visiting a full service Driver Service Center, a list of which can be viewed by clicking here.  The following information on obtaining a copy of one’s driving record comes from the Tennessee Department of Safety website:

You will need the following when requesting your record:

  • Name
  • Date of Birth
  • Driver License Number

If you want someone else to obtain a copy of your MVR for you, you must submit a notarized statement authorizing that person to obtain the record.

You may also obtain a copy of your driver record (also called a motor vehicle record or MVR) by mailing your request to:

Tennessee Department of Safety
MVR Request
PO BOX 945
Nashville, TN 37202

There is a $5.00 charge for a copy of a three-year driver record. A cashier’s check or money order should be made payable to the Tennessee Department of Safety. If mailing, allow two weeks from the mailing date to receive the driver record. The federal Driver Privacy Protection Act (DPPA) prohibits the release of personal identifying information from driver license and vehicle registration records unless an individual submits a form requesting their records be open.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Revoked License Reporting Error

In accordance with a Tennessee state law that was passed in 2011, the Knox County government provided the Tennessee Department of Safety with a list of people who had failed to pay their litigation taxes and fines (often referred to as “court costs”) within one year after their criminal cases were resolved.  As a result, nearly 1,300 motorists who faced a criminal offense in Knox County in 2012, including traffic offenses, received a letter earlier this month informing them that their driver licenses would be revoked for failing to timely pay their court costs. Unfortunately, as the  Knox News Sentinel reported on January 25, 2013, officials recently discovered that many people should not have been included on the list submitted to the Department of Safety.  According to the Knox News Sentinel, over 500 people never owed court costs or had timely completed their obligations to the court.  Even though the Department of Safety has been notified of the error, the consequences of this mishap remain unclear.   For more information about this developing story, read Clerical Error May Cause Wrongful Revocation of Driver’s License by our firm’s managing partner Steve Oberman.

It is important to note that Driving on a Revoked License is a criminal offense, and an officer may immediately arrest anyone found driving with a revoked license.  Moreover, a person who drives while his or her license is revoked as the result of a DUI conviction will be made to serve at least 48 hours in jail if convicted of Driving on a Revoked License.  Please contact Steve and Sara for further assistance if you have a question about your driver’s license.  You may reach our attorneys by calling (865) 249-7200.

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DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”

The Tennessee Department of Safety, through law enforcement officers, may seize the vehicle of anyone suspected of multiple DUIs.  A vehicle may also be seized from anyone found to be driving on a revoked, cancelled, or suspended license if the reason for the revoked, cancelled, or suspended license was a DUI conviction.  In other words, a person convicted of a DUI risks vehicle seizure if he or she is found to be driving without a valid license or is suspected of DUI, regardless of whether there is a conviction.

When a citizen’s property is seized, the government, which is typically be represented by the Tennessee Department of Safety in cases involving vehicle and asset forfeiture, must follow the rules.  Multiple state laws, court cases, and administrative rules govern the forfeiture process.  Furthermore,  constitutional protections against unreasonable searches and seizures and against excessive fines may apply to forfeiture proceedings just as they do criminal proceedings.

The Department of Safety rules and regulations are complicated and often intimidating.  Nevertheless, failure to take action within strict time limits may result in the loss of property rights.  If you or someone you know has had property seized by law enforcement, it is important to contact a Tennessee criminal attorney immediately.  You may contact Steve and Sara by calling (865) 249-7200.  You may also wish to review our website for additional information about forfeitures.

[Source: T.C.A. Section 55-10-401 et seq., Williams v. State Dept. of Safety, 854 S.W.2d 102 (Tenn. Ct. App. 1993), Stuart v. State Dept. of Safety, 963 S.W.2d 28 (Tenn. 1998)]

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The New Implied Consent Violation Restricted Driver’s License

As discussed in a prior post, The Implied Consent Violation Restricted Driver’s License, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Thanks to a new Tennessee DUI law, effective July 1, 2012, some motorist will be able to obtain a restricted driver’s license without geographic restrictions in this instance.  Tennessee law now permits a judge to order an ignition interlock device for the Tennessee Implied Consent Violation restricted driver’s license.  It must be noted, however, that the judge further has the discretion to require both an ignition interlock device and geographic restrictions.

If you would like more information about Tennessee DUI Laws, the Tennessee Implied Consent Violation (also known as a chemical test refusal), or a Tennessee Restricted Driver’s License, feel free to contact our office at (865) 249-7200. You may also wish to visit our websites to learn more about driving under the influence in Tennessee, or about the Oberman & Rice law firm.

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