Posts Tagged Tennessee driver’s license

Speeding or Traffic Ticket? Talk to a Lawyer!

No matter where you are driving in the United States, one constant exists: Drive over the Speed Limit and you are probably going to receive a ticket.  These tickets that are administered by various law enforcement agencies are meant to levy punishments against the driver as a form of deterrence.  These punishments normally include: fines/court costs; potential points/infractions on one’s driving record; required attendance to a driving school and a potential increase in insurance premiums.  Public safety is the main reason for deterrence, and these Speeding tickets (along with other traffic citations) serve as a way to help prevent accidents and keep folks safe on the roadways.

Frequently, however, individuals who receive Speeding tickets (and other traffic citations) choose not to get a lawyer and instead handle the case on their own (or pro se.) While there is nothing legally (or ethically) wrong with the handling of a traffic ticket oneself, a lawyer should know the procedures and local rules of a jurisdiction where the ticket may be docketed (and potentially help obtain a favorable outcome).  Additionally, a lawyer should be able to advise the driver about any potential point increase on their driving record and other risks associated with just “paying off a ticket.”  “Paying off a ticket” is equal to being found guilty of the alleged traffic infraction. 

Commercial Drivers (those having Commercial Driver’s Licenses or C.D.L.) also need to be extremely careful as states (such as Tennessee) are cracking down on these special license holders.  C.D.L. drivers should always consult with a lawyer before handling any Speeding ticket or traffic citation because such offenses could potentially lead to disastrous consequences for the C.D.L. holder.

If you receive a Speeding ticket or any other traffic citation please contact a knowledgeable lawyer to help advise you on the situation.  Furthermore, if you receive a Speeding ticket or traffic citation in Tennessee please feel free to contact the lawyers of Oberman & Rice.  With over 80 years combined experience, the law partners of Oberman & Rice are ready to answer your questions about any ramifications a Speeding ticket may have on your driving record.  Our lawyers may be contacted by calling (865) 249-7200 or by email at and of the following: az@tndui.com, sara@tndui.com or oberman@tndui.com.      

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THP set to combat distracted drivers with “Operation Incognito”

Drivers on the roads throughout Tennessee who are preparing for the Holiday Season need to be mindful as the Tennessee Highway Patrol initiates “Operation Incognito”. The campaign started on November 11 and plans to run through November 17.

The initiative’s goal is to combat distracted driving (texting while driving, etc.) on the roads of Tennessee. As THSO Director Vic Donoho states, “The primary focus of Operation Incognito is to reduce distracted driving, serious injury traffic crashes, and fatalities.”   Additionally, THSO Director Vic Donoho goes on to say that some secondary goals of “Operation Incognito” will be for the Tennessee Highway Patrol to saturate construction zones and attempt to increase driver’s awareness for utility maintenance zones.

The DUI defense lawyers at Oberman & Rice are always willing to help those who may receive any traffic citations during the Operation Incognito campaign and beyond. Traffic violations (if convicted) can add points to your driver’s license and cause your insurance premiums to skyrocket. Before you pay off a traffic citation and receive a conviction, it is important to discuss with a lawyer any potential penalties and consequences. Please review our website for more information or call us with questions at (865) 249-7200. Our lawyers are available 24/7.

 

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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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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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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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Restricted License Form for Tennessee DUI

If convicted of a Tennessee DUI offense, or a similar crime in another state, a Tennessee licensee may be eligible to obtain a restricted driver’s license to allow the person to drive during, at least a portion of, the driver’s license revocation period.  One should consult with an attorney in the appropriate county–either the Tennessee county where the DUI offense occurred or the person’s Tennessee county of residence–to obtain an Order for restricted driving privileges.  A copy of this Order can be viewed by clicking here.

Additional information about eligibility for a Tennessee restricted driver’s license, as well as the requirements for obtaining such a license, can be found on the Tennessee Department of Safety’s website by clicking here.  The attorneys at the Oberman & Rice law firm are also available to assist you in obtaining a Tennessee restricted driver’s license.  You may reach Steve Oberman, Sara Compher-Rice or Nate Evans by calling (865) 249-7200.

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West Knoxville Driver Service Center Changing

The Tennessee Department of Safety Driver Service Center in West Knoxville, located at 430 Montbrook Lane, is no longer a full service driver service center.  Beginning January 3, 2012, this location will only offer Tennessee Driver’s License Reinstatement services. This applies to those reinstating their license as a result of a Tennessee Driving Under the Influence (DUI) Conviction or Violation of the Tennessee Implied Consent Law (Chemical Test Refusal).

The center will also continue to offer photo ID’s for voting purposes.  However, those who wish to obtain a copy of a driving record, or even have their driver’s license renewed, must do so at another location.

West Knox Driver License Reinstatement Station
430 Montbrook Lane
Knoxville TN 37919
(865) 690-6393
Fax: (865) 690-6530
Services: Driver License Reinstatement, Photo ID’s for voting purposes

As a result of this change, Knoxville will now have only one full service location:

Strawberry Plains Driver Testing  Station
7320 Region Lane
Knoxville, TN 37914
(865) 594-6399
Fax: (865) 594-6429
Services: Full Driver License Service station, CDL (Commercial Driver License) Skills Test, Original Handgun Permit, Driving Records (MVR), Driver License Reinstatement (Walk-In Only)

Additional information about the Tennessee Department of Safety and testing center locations may be found in our previous blog post, “Tennessee Driver’s License Information.”

We again hope the above information will help you as you navigate the waters of the Tennessee Department of Safety.  If, however, you still have questions, Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  You may also review our websites at www.tndui.com and www.duiknoxville.com.

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The Implied Consent Violation Restricted Driver’s License

Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License.  The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions.  The permitted geographic restrictions include locations associated with:

  • Employment;
  • College or university;
  • A court-ordered alcohol program;
  • Ignition interlock monitoring appointments;
  • Meetings with probation officer;
  • Regular place of worship;
  • Scheduled litter pick-up; and
  • Outpatient alcohol/drug treatment program.

It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations.  Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.

In light of the recent changes involving Tennessee Ignition Interlock Device laws, 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? Unfortunately, the answer is no.  When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.

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Tennessee Driver’s License Information

At the Oberman & Rice law firm we often receive inquiries about Tennessee driver’s licenses.  Two of the most common questions asked are (1) Where is a Tennessee Department of Safety testing station (also known as a Full Service Driver Service Center) in Knoxville? and (2) What do I need to do to get my Tennessee driver’s license reinstated following a suspension, revocation or cancellation?

Tennessee Department of Safety Locations

The service you need will dictate which Tennessee Department of Safety Service Center you should visit.  For instance, you can renew or obtain a duplicate of your non-commercial motor vehicle driver’s license at most locations.  However, the testing necessary for a new license or, in the case of a Driving Under the Influence or Implied Consent Violation, a restricted Tennessee driver’s license is only available at the “full service” centers. A list of locations, listed by county and available services can be found by clicking here.  Knox County has only one full service center:

Strawberry Plains Driver Testing  Station
7320 Region Lane
Knoxville, TN 37914
(865) 594-6399
Fax: (865) 594-6429
Services: Full Driver License Service station, CDL (Commercial Driver License) Skills Test, Original Handgun Permit, Driving Records (MVR), Driver License Reinstatement (Walk-In Only)

Tennessee Driver’s License Reinstatement

The Tennessee Department of Safety website is an excellent source for information relating to the reinstatement of your Tennessee driver’s license.  In fact, the website provides an Online Driver Services section (available by clicking here) that allows Tennessee licensees to perform many functions on the website itself.  In some instances, you may be able to have your Tennessee driver’s license reinstated through this website.  Even if you are required to visit a testing station or other location for reinstatement, by following the prompts for reinstating your driver’s license, you can obtain valuable information on the requirements and logistics of the reinstatement procedure, including the eligible date for reinstatement.

We hope the above information will help you as you navigate the waters of the Tennessee Department of Safety.  If, however, you still have questions, Sara and Steve will be happy to speak with you at (865) 249-7200.  You may also review our websites at www.tndui.com and www.duiknoxville.com.

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A “Facelift” for Tennessee Driver Licenses

Beginning March 16, 2011 driver’s licenses issued by the State of Tennessee Department of Safety will have a new look! Tennessee landmarks will be displayed across the top, a new background design will be implemented, and measures will be implemented to prevent identity theft and make it easier for law enforcement officials to verify identification.  

The new format will be provided when your license is renewed.

The old Tennessee driver’s licenses will remain valid until they expire.  For more information and to see what the license will look like, click here.

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Tennessee Licensees Should Beware of Out of State Convictions

Anytime a Tennessee resident is charged with a crime in another state, it is wise to consult with a Tennessee lawyer to determine any Tennessee consequences that may be experienced as a result of an out of state conviction. This is especially true when charged with Driving Under the Influence (DUI, also often referred to in other states as a DWI, OUI, OWI, etc.).

When facing a conviction out of state, your lawyer and even the judge pronouncing judgment are required to inform you of certain consequences of the conviction.  However, they are generally not required and are unlikely to inform you of any action the state of Tennessee may take against you as a result of a conviction.  Accordingly, it is imperative that you consult with an experienced Tennessee DUI lawyer who can properly advise you.  You should contact a Tennessee DUI attorney as soon as you can.  Oftentimes, waiting to contact a DUI attorney in Tennessee until after you have been convicted is too late.

 

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