Whether you are accused of speeding or texting and driving, it will benefit you to have an attorney review your case. Traffic violations can accumulate, which may result in your license being suspended and increased car insurance. Alternatively, if you are charged with reckless driving you could be facing more than just a traffic citation.
Reckless driving is defined as driving a vehicle with willful or wanton disregard for other people or property. Willful or wanton disregard is more than mere negligence or speeding, instead it is “a heedless and reckless disregard for another’s rights, with the consciousness that the act or omission to act may result in injury to another”. Burgess v. State, 369 S.W.2d 731, 733 (Tenn. 1963). Speeding may constitute reckless driving, but it will depend greatly on the circumstances. For example, speeding through a school zone will result in a reckless driving conviction, whereas speeding 70mph in a 50mph zone may not. A reckless driving conviction is a Class B misdemeanor and carries a minimum $50 fine.
An attorney will ensure that your rights are protected by investigating the probable cause that gave rise to the traffic stop and making sure you were not improperly charged.CDL Violations
For those who hold a Commercial Driver’s License (CDL), traffic violations carry more severe consequences than for the average driver. For example, driving a commercial motor vehicle with a BAC of .04% or higher, which is a lower threshold than the .08% BAC legal limit, will lose his or her CDL for at least one year. Moreover, speeding or reckless driving can result in revocation of your CDL.
Visit www.tn.gov for more information regarding CDL requirements and violations.
CDL holders are subject to both state and federal regulations and navigating these restrictions and statutes can be difficult. Our attorneys can help you understand and defend against any charges you may have, so contact our Nashville or Sevierville office for a free consultation.