Honored to Provide Exceptional
Legal Services to Those in Need
Legal Services to Those in Need
Traffic Violations / CDL
Traffic tickets are the most common way that your average law abiding citizen will come in contact with a police officer. Mark Freeman and Joseph Fuson defend people charged with violating the traffic laws. Mark and Joseph travel all over middle Tennessee defending drivers accused of traffic violations and trying cases in Court. Although most of this work is dedicated to defending drivers with commercial driver’s licenses (CDL), non-CDL drivers can also benefit from hiring a lawyer. We will spend time discussing the traffic stop and alleged violation, discuss the impact said violation may have on the defendant’s driving record, and the possible defenses.
Tennessee Traffic Court
Traffic violations are typically disposed of in General Sessions Court. Each and every county and judge is different in the way they enforce and resolve traffic violations. In some jurisdictions, lawyers are able to appear on behalf of the defendant and resolve the case without the defendant ever going to court. Mark and Joseph will prepare your case for trial and only settle if doing so is truly the best option. If the traffic violation is dismissed, it will not affect your driving record. If you are found guilty of a traffic violation, non-CDL drivers can attend traffic school if they have not been convicted of a traffic ticket in the previous two (2) years. Attending traffic school will also result in the traffic violation not harming your driving record. CDL drivers cannot attend traffic school nor have the ticket expunged from their record; so it is even more important that you hire a lawyer if you are a CDL driver and have been accused of a traffic violation. Contact Joseph or Mark today and they will be glad to talk to you about your case.
Tennessee Traffic Violation Point System
The Tennessee Department of Safety may suspend your driver’s license if you accumulate twelve (12) or more points within a one (1) year period. Drivers are entitled to hearing if there license is suspended. It is important to hire an attorney who knows about the Tennessee Traffic Violation Point System, knows how to try a case, and will spend time with the client to ensure the best results.
| Moving Traffic Violations | |
| Violation | Points |
| Tickets and Court Abstractions where speed not indicated on source documents | 3 |
| Speeding 1 through 5 mph in excess of speed zone | 1 |
| Speeding 6 through 15 mph in excess of speed zone | 3 |
| Speeding 16 through 25 mph in excess of speed zone | 4 |
| Speeding 26 through 35 mph in excess of speed zone | 5 |
| Speeding 36 through 45 mph in excess of speed zone | 6 |
| Speeding 46 mph and above in excess of speed zone | 8 |
| Reckless Driving | 6 |
| Signs and control devices – Failing to obey traffic instructions | 4 |
| Improper passing – passing where prohibited | 4 |
| Wrong way, side or direction | 4 |
| Following improperly | 3 |
| Failing to yield the right-of-way | 4 |
| Making improper turn | 4 |
| Violation of driver license or certificate restrictions | 6 |
| Reckless endangerment by vehicle, misdemeanor | 8 |
| Miscellaneous traffic violations failing to maintain control, improper control, etc., or any offense involving the operation of a motor vehicle not herein specified | 3 |
| Leaving the scene of an accident (property damage only) | 5 |
| Failure to report an accident (property damage only) | 4 |
| Failure to yield to emergency vehicles | 6 |
| Failure to stop at railroad crossing | 6 |
| Speeding in Construction Zone (Non-Commercial Vehicles) | |
| Violation | Points |
| Tickets and court abstracts where speed not indicated | 4 |
| Speeding 1 through 5 mph in excess of posted speed | 2 |
| Speeding 6 through 15 mph in excess of posted speed | 4 |
| Speeding 16 through 25 mph in excess of posted speed | 5 |
| Speeding 26 through 35 mph in excess of posted speed | 6 |
| Speeding 36 mph and above in excess of posted speed | 8 |
| Contributing to Occurrence of Accidents | |
| Violation | Points |
| Contributing to an accident involving property damage | 3 |
| Contributing to an accident resulting in bodily injury | 4 |
| Contributing to an accident resulting in another’s death | 8 |
| Other Violations | |
| Violation | Points |
| Driving while license canceled | 8 |
| Fleeing Law Enforcement Officer (misdemeanor) | 8 |
| Child Endangerment (misdemeanor) | 8 |
| Moving Traffic Violations (Commercial Vehicles) | |
| Violation | Points |
| Speeding in a commercial vehicle, speed not indicated | 4 |
| Speeding in a commercial vehicle, 1 through 5 mph in excess of posted speed zone | 2 |
| Speeding in a commercial vehicle, 6 through 14 mph in excess of posted speed zone | 4 |
| Speeding in a commercial vehicle, 15 through 25 mph in excess of posted speed zone , excessive speeding | 5 |
| Speeding in a commercial vehicle, 26 through 35 mph in excess of posted speed zone, excessive speeding | 6 |
| Speeding in a commercial vehicle, 36 through 45 mph in excess of posted speed zone, excessive speeding | 7 |
| Speeding in a commercial vehicle, 46 mph and above in excess of posted speed zone, excessive speeding | 8 |
| Excessive speeding (15 mph or more above posted speed limit in a commercial vehicle), speed not indicated on court document, but on citation | 6 |
| Reckless driving | 7 |
| Improper passing | 4 |
| Improper or erratic lane change | 5 |
| Following improperly | 4 |
| Careless or negligent driving | 5 |
| Failure to obey traffic instructions | 4 |
| Wrong way, side or direction | 4 |
| Failure to yield right of way | 4 |
| Making improper turn | 4 |
| Failure to signal direction | 3 |
| Passing stopped school, church, or youth bus taking on or discharging passengers | 6 |
| Following emergency vehicle unlawfully | 3 |
| Speed less than posted minimum | 4 |
| Miscellaneous traffic violations | 3 |
| Failure to yield to emergency vehicles | 6 |
| Failure to stop at a railroad crossing | 8 |
| Construction Zone/Hauling Hazardous Materials (Commercial Vehicles) | |
| Violation | Points |
| Speeding in a commercial vehicle, speed not indicated | 5 |
| Speeding in a commercial vehicle, 1 through 5 mph in excess of posted speed zone | 3 |
| Speeding in a commercial vehicle, 6 through 14 mph in excess of posted speed zone | 5 |
| Speeding in a commercial vehicle, 15 through 25 mph in excess of posted speed zone, excessive speeding | 6 |
| Speeding in a commercial vehicle, 26 through 35 mph in excess of posted speed zone, excessive speeding | 7 |
| Speeding in a commercial vehicle, 36 through 45 mph in excess of posted speed zone, excessive speeding | 8 |
| Speeding in a commercial vehicle, 46 mph and above in excess of posted speed zone, excessive speeding | 9 |
| Excessive speeding (15 mph or more above posted speed limit in a commercial vehicle), speed not indicated on court document, but on citation | 7 |
| Reckless driving | 8 |
| Improper passing | 5 |
| Improper or erratic lane change | 6 |
| Following improperly | 5 |
| Careless or negligent driving | 6 |
| Failure to obey traffic instructions | 5 |
| Wrong way, side or direction | 5 |
| Failure to yield right of way | 5 |
| Making improper turn | 5 |
| Failure to signal direction | 4 |
| Passing stopped school, church, or youth bus taking on or discharging passengers | 8 |
| Following emergency vehicle unlawfully | 3 |
| Speed less than posted minimum | 5 |
| Miscellaneous traffic violations | 4 |
For additional information visit the Tennessee Department of Safety website: http://www.tn.gov/safety