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WHAT HAPPENS WHEN YOU GET A TRAFFIC TICKET
In most cases, when you receive a traffic citation in Shelby County, a court date is set. For some charges, a court appearance is mandatory; failing to appear may result in issuance of a bench warrant for your arrest. For most other charges, failing to appear will result in a judgment finding you guilty and assessing fines and costs.
If you pay a fine before the court date and are excused from appearing in person, the offense charged is assigned to your driving record. If you appear in court and plead guilty (or no contest), the offense charged is assigned to your driving record. If you appear and plead not guilty, your case may be set for trial on a future date, which will usually add to the court costs to be assessed if you are convicted. On conviction, the offense is charged to your driving record.
In nearly all cases, ignoring the ticket will ultimately result in suspension of your drivers’ license. And the reinstatement fee alone is currently $75.00!
The Tennessee Department of Safety keeps records of your violations and assesses points according to the severity of the offenses, as shown in the following example.
Traffic Violation Points
| Failure to maintain control | 3 |
| Failure to yield right of way | 4 |
| Making improper turn | 3 |
| Following too closely | 3 |
| Failure to give turn signal | 2 |
| Improper Passing | 4 |
| Failure to obey traffic signals | 4 |
| Reckless Driving | 6 |
| Violation of driver license restrictions | 6 |
| Pass school bus/load/unload passengers | 6 |
| Speed less then posted minimum | 3 |
| Failure to report an accident | 4 |
| Speed | Construction Zone |
| NO | YES |
| 1 to 5 OVER | 1 | 2 |
| 6 to 15 OVER | 3 | 6 |
| 16 to 25 OVER | 4 | 7 |
| 26 to 35 OVER | 5 | 7 |
| 36 to 45 OVER | 6 | 8 |
| 46 AND OVER | 8 | 8 |
| Not Indicated | 3 | 4 |
| Less THen Posted | 3 | 3 |
Enough points will result in suspension of your drivers’ license. Those points may also cause your premiums to increase dramatically, if your insurer feels that you may be an extra risk.
If you go to court or an attorney goes to court for you, there are other options that may reduce the risks and expense. For one, reduced or dismissed-at-cost charges might lower or eliminate points on your record. For another, you may be eligible to attend and complete a driving safety program in order to get the charge dismissed. Or your lawyer may know of some defenses at law that may result in the case being dismissed without costs.
Many times, hiring an attorney can save you money in the long run. And we haven’t even talked about what happens if there was a collision with property damage and physical injuries.
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AUTOMOBILE COLLISIONS, TENNESSEE STYLE
Memphis’ drivers have the self-assessed opinion that they are not safe behind the wheel. There are statistics that support this idea. But most of Memphis’ drivers are unable to explain in any detail how Tennessee courts handle the lawsuits that result from motor vehicle collisions. Since this area of the law touches so many people, you should know more.
Tennessee has adopted modified comparative negligence as the law controlling car crashes. Simply put, if the total fault of all involved is expressed as 100%, then each party’s portion of the fault may be assessed by a judge or jury. If the person bringing the claim is 50% or more at fault, he recovers nothing. If he is 49% at fault, he may recover 51% of his total actual damages (such as loss of or damage to vehicle, lost earnings or earning capacity, medical expenses, etc). If he is only 10% at fault, he recovers 90%. Usually, the recovery is proportional to the degree of fault when there are more than two parties involved.
Fault is determined by the standard of the reasonable person. Did each driver do or fail to do something to cause the collision that a reasonable person should have refrained from doing or should have done under the circumstances? Most violations of the traffic laws, or “rules of the road”, are automatically considered as fault on the part of the violator. So, if a driver is cited at the scene and later pleads guilty to the offense, her plea is an admission of fault. Statements by drivers at the scene may also be considered as admissions of fault. Other factors may be considered in determining fault on a case-by-case basis.
Claims may be filed in one of three different courts, (General Sessions Court, Circuit Court, or Federal District Court) each having slightly different limitations, rules, and procedures. For instance, claims brought in General Sessions Court may result in no more than a $25,000 recovery and are not decided by a jury. You should consult with your attorney when the circumstances give options to file in more than one court.
Recoverable damages are of two types, pecuniary and non-pecuniary. Pecuniary damages are such readily calculable items as the value of a motor vehicle or cost of repairs and loss of use of the auto, lost wages or earnings, and medical expenses. Non-pecuniary damages are such things as fright, pain, suffering, emotional upset, scars or disfigurement, and loss of the pleasures of life. No one would deny that such things ought to be compensated, but there is much dispute about their money value. There is no hard and fast rule for the evaluation of cases; each must really be considered individually to reach a fair figure. What this means is that no case is like any other, so comparing one case to another is likely to be unfair to both.
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POWER OF ATTORNEY
A power of attorney is a document that appoints another person (called "attorney-in-fact") to act in place of and on behalf of the person ("principal") signing the power. The authority given may be general or limited to a specific purpose and may also be limited in duration or locale, such as to authorize someone to care for your children while you are out of the country. You may appoint more than one attorney-in-fact, each having general or different powers and limitations. Powers of attorney cannot replace a will, as they are automatically revoked by the death of the principal, and cannot authorize the attorney-in-fact to do any act that the principal may not legally perform.
A power of attorney is "durable" when it states that you intend to authorize your attorney-in-fact to act on your behalf even in the event that you become incompetent or incapable of acting for yourself. If the power of attorney is durable, it may also authorize the attorney-in-fact to make health-care decisions on behalf of the principal, such as to disconnect life-support systems or stop intravenous feeding. These durable powers of attorney with health-care provisions are specifically provided for under Tennessee law and must comply with the requirements of the statutes in order to be valid.
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LAST WILL & TESTAMENT
Almost everyone should have some basic legal documents. A will is one of them. But a will that is not properly prepared and signed can be as bad as no will, maybe worse. Some forms and computer programs can fill the need if carefully followed, but it is too often true that legal problems do not show up until it is too late to correct them. A simple will prepared by a lawyer is seldom as expensive as trying to resolve disputes in the probate courts.
A will is a declaration of your desires concerning the distribution of your property upon your death. If you expect to own anything when you die, you should have a signed written will witnessed by two disinterested persons, who should also sign attesting that they witnessed your signature. Preparation of your last will and testament requires that you consider both your estate and your heirs, so that the disposition of your assets meets your particular situation. Your will should cover all of your property, present and future, and make complete dispositions of that property. Your will may also name the person(s) that you wish to be responsible for carrying out your plans, as well as nominating those who may be needed to look after the welfare of minor children or heirs under some disability.
If you fail to make a will, the law has made one for you. It divides your property among your nearest family members according to their relationship to you. Spouses and children are given first consideration; if there are none, parents and siblings are the next category of heirs. Each heir of equal kinship receives the same share. Only if no relatives can be found is property taken by the state
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DURABLE POWER OF ATTORNEY
A power of attorney is a document that appoints another person (called “attorney-in-fact”) to act in place of and on behalf of the person (“principal”) signing the power. The authority given may be general or limited to a specific purpose and may also be limited in duration or locale, such as to authorize someone to care for your children while you are out of the country. You may appoint more than one attorney-in-fact, each having general or different powers and limitations. Powers of attorney cannot replace a will, as they are automatically revoked by the death of the principal, and cannot authorize the attorney-in-fact to do any act that the principal may not legally perform.
A power of attorney is “durable” when it states that you intend to authorize your attorney-in-fact to act on your behalf even in the event that you become incompetent or incapable of acting for yourself. If the power of attorney is durable, it may also authorize the attorney-in-fact to make health-care decisions on behalf of the principal, such as to disconnect life-support systems or stop intravenous feeding. These durable powers of attorney with health-care provisions are specifically provided for under Tennessee law and must comply with the requirements of the statutes in order to be valid.
If you already have any of these legal documents, each will be reviewed to be certain that it complies with Tennessee law and that it meets your current needs or wishes.
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LIVING WILL
In Tennessee law, a Living Will is a written declaration of your instructions to health-care providers in the event that you face a catastrophic illness or injury. In the absence of a Living Will, the general rule is that all available measures will be used to preserve pulse and respiration for as long as possible. A living will communicates your wishes regarding mechanical or other life-support devices when you face a condition from which recovery is medically unlikely. You have the right to choose whether or not to allow artificial ventilation, tube-feeding, intravenous hydration, or other modes of treatment designed to sustain physical function. This document is also a logical place to declare your wishes concerning organ or tissue donation and similar end-of-life medical issues. It should be attached to (and not overridden by) any Durable Power of Attorney which confers power to make health-care decisions to any other person.
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FREQUENTLY ASKED QUESTIONS
