Posts Tagged Tennessee DUI Consequence

Restoration of Driving Privileges For HMVO Offenders

Three years from the date of a final order declaring a person an Habitual Motor Vehicle Offender, the person may file at petition seeking restoration of his or her driving privileges.  The petition may be filed with the court who entered the HMVO order or any criminal court in the person’s county of residence.  Although the law indicates a mandatory minimum 3-year period for the driver’s license revocation of an HMVO offender, upon the expiration of the 3 years, the offender is not permitted to drive in Tennessee.  The Habitual Motor Vehicle Offender must first obtain permission from a court and take the necessary steps thereafter to have his or her license reinstated by the Tennessee Department of Safety.

The court may, in its discretion, restore the person’s driving privilege and may also require.  The court may also order terms and conditions relating to the issuance of the habitual offender’s driver’s license.  The habitual offender is further required to meet all requirements of the Tennessee financial responsibility (insurance) law.

Although the law indicates a mandatory minimum 3-year period for the driver’s license revocation of an HMVO offender, upon the expiration of the 3 years, the offender is not permitted to drive in Tennessee.  The Habitual Motor Vehicle Offender must first obtain permission from a court and take the necessary steps thereafter to have his or her license reinstated by the Tennessee Department of Safety.  If the persons drives before completing the appropriate procedures, the HMVO offender may be subjected to criminal penalties.

If you have immediate questions about the Tennessee HMVO law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.

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Tennessee HMVO Violation Penalties

Once a person is declared an Habitual Motor Vehicle Offender, the penalties for driving are quite severe.  The person is prohibited from driving in Tennessee while the HMVO judgment or order prohibiting driving is in effect.  If found operating a motor vehicle, the HMVO offender commits a Class E felony.  No traffic or criminal violation is required for an HMVO violation–the only requirement is that the person be found to be operating a motor vehicle in Tennessee.

If convicted of the felony offense of Habitual Motor Vehicle Offender, the person may be sentenced to serve one to six years imprisonment and be subjected to a fine not exceeding $3,000.00.

If you have any questions about the Tennessee HMVO law or other Tennessee criminal offenses, please contact the Oberman and Rice Law Firm at (865) 249-7200.

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How To Be Declared a TN Habitual Motor Vehicle Offender

The Tennessee Department of Safety is tasked with keeping records of convictions of the HMVO qualifying offenses.  Once the records reveal that an individual has accumulated the appropriate number of convictions (3 within 5 years or 5 within 10 years), the commissioner of the Tennessee Department of Safety shall furnish this record to the district attorney’s office in the district where the individual either resides or may be found.

Once the district attorney’s office receives the record, they have a duty to file a petition against the individual in the court of general criminal jurisdiction.  However, a record from the TDOS is not required before a petition may be filed.  After the petition is filed, the court must issue an Order directing the individual (defendant) named in the petition to appear in court to show cause why the person should not be barred from operating a motor vehicle in Tennessee.

If, following the proper procedures and findings, the court finds that the defendant is an habitual offender, the court shall then issue an order prohibiting the defendant from operating a moron vehicle in Tennessee.  The defendant is further required to surrender his or her driver’s license once declared an Habitual Motor Vehicle Offender.  The defendant is prohibited from driving under a court restores his or her driving privileges, and in no case may this restoration occur less than three years from the initial HMVO order date.

Please visit our blog in the coming days for discussions on the steps to have driving privileges restored and the criminal penalties associated with an HMVO violation.  Should you have any questions about the Tennessee Habitual Motor Vehicle Offender law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.

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Who Qualifies As a Tennessee Habitual Motor Vehicle Offender?

A Tennessee offender may be declared by a court to be an Habitual Motor Vehicle Offender (HMVO) if convicted of certain Tennessee crimes, specifically–three or more convictions within five years or five or more convictions within ten years.  The qualifying Tennessee crimes include:

  • Voluntary manslaughter resulting from the operation of a motor vehicle;
  • Vehicular homicide;
  • Involuntary manslaughter resulting from the operation of a motor vehicle;
  • Vehicular assault;
  • Improperly passing a stopped school bus;
  • Leaving the scene of an accident that resulted in injury or death of any person;
  • Leaving the scene of an accident that resulted only in damage to a vehicle driven or attended by any person;
  • Driving under the influence (DUI);
  • Aggravated vehicular homicide;
  • Adult driving while impaired (Adult DWI);
  • Reckless Driving;
  • Drag Racing;
  • Evading arrest in a motor vehicle;
  • Reckless endangerment by use of a motor vehicle; or
  • Driving on a cancelled, suspended, or revoked license if the underlying offense resulting in the cancellation, suspension, or revocation was vehicular assault, vehicular homicide, or DUI.

 Please visit our blog in the coming days for discussions on how to be declared an Habitual Motor Vehicle Offender, the steps to have driving privileges restored, and the criminal penalties associated with an HMVO violation.  Should you have any questions about the Tennessee Habitual Motor Vehicle Offender law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.

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Habitual Motor Vehicle Offender Status (HMVO)

Tennessee has established the Habitual Motor Vehicle Offender (HMVO) Act, also often referred to as the Tennessee Motor Vehicle Habitual Offender (MVHO) Act, to provide safety for all citizens who travel upon Tennessee roadways.  The Tennessee HMVO law denies the privilege of operating motor vehicles within our state to those whose conduct and driving record demonstrate an indifference to the safety and welfare of others.  The law further serves as a deterrent to repetition of unlawful acts.

The next several posts will focus on the details of the Tennessee Habitual Motor Vehicle Offender classification. How does a motorist qualify as an HMVO offender? What penalties are associated with a Tennessee HMVO violation? How and when can the driving privileges of a Tennessee motorist who has been declared an MVHO offender be restored? Please visit our blog in the coming days and weeks as we explore the answers to these questions.

In the meantime, if you have immediate questions about the Tennessee HMVO law, please feel free to the Oberman and Rice Law Firm at (865) 249-7200.

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Consequences of a TN DUI Conviction – Part 2

In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 2 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction.   The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI.  This episode focuses on the potential effects of a Tennessee Driving Under the Influence (DUI) in Tennessee on parental rights and immigration status.

Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties.  Feel free to call our office at (865) 249-7200.  For issues surrounding parental rights and the status of non-citizens, our attorneys can also refer you to Tennessee attorneys knowledgeable in these areas of law.

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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com.  Part 1 of this series, Collateral Consequences of a TN DUI Conviction – Part 1, can also be heard by clicking here.

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