Archive for May 28th, 2018

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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