Sara Elizabeth Compher-Rice's Answers

What are consequences for not showing up on a court date for a "failure to stop at a stop sign" ticket.

First of all, if you do not pay by your court date, you are required to appear in court. The consequences of not appearing will vary by court, but at a minimum, this failure will be reported to the Tennessee Department of Safety who will then suspend you license for failure to satisfy your citation. It certainly is possible that you will pay more if you contest the ticket and lose (as additional, though typically minor, court costs may be assessed). However, I would strongly recommend that...

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When a record is expunged is the slate really clean?

Tennessee law allows for the expungement of public records relating to your arrest. The law further provides, however, that: "Public records," for the purpose of expunction [of a criminal record] only, does [sic] not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public and...

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What is the normal sentence in tennessee for driving on a suspended license third offense.

Under Tennessee law, a second or subsequent violation of Driving While Privileges Suspended is a Class A misdemeanor, punishable by up to 11 months, 29 days in jail and a fine of up to $1,500.00. In certain circumstances, a conviction could result in a mandatory confinement period of forty-five (45) days and a fine of up to $3,000.00. Additionally, if convicted, the Tennessee Department of Safety will extend the period of your license suspension. Keep in mind that the actual sentence is...

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I NEED AN ATTORNEY THAT CAN HELP ME GET A FELONY ESPONSED FROM MY SONS RECORD. HE HELP STOLE THE SCHOOL'S MASCOT IN COVINGTON'95

I suggest that you contact a criminal defense attorney who practices in the Covington area. Be aware, however, that only charges that have been dismissed are eligible for expungement in Tennessee. In other words, if your son was convicted of this felony charge, the conviction will remain on his record forever.

Can you expunge a case that is 10 years old if it is a misdemeanor.

Unfortunately, this conviction will remain on your criminal history. Tennessee law allows for a charge to be expunged, or erased, from one’s record only if the charge has been dismissed. The passage of time alone, even 10 years, will not be sufficient to allow for expungement under Tennessee law. You may want to consult with a lawyer in the jurisdiction where you were convicted to look into this matter and verify that the final Judgment in your case was valid.

Traffic tickets and license points

I would encourage you to consult with an attorney anytime you are cited for a traffic violation. Even if you are guilty of the offense, many courts provide options to prevent being convicted of the offense. Not only do you have to be concerned with accumulating enough points to suspend your license, but you should also be concerned about how these convictions will impact your insurance premiums.

Procedure for contesting traffic ticket under TN traffic court procedures

Even if you were at fault and have no defenses to your traffic case, Judges often agree to allow your ticket to be dismissed upon completion of certain conditions (such as court costs and driving school). I do not practice in Memphis and do not know the facts of your case, so I cannot comment specifically whether such an agreement would be available in your case. I would urge you to contact a lawyer and attempt to have your case dismissed. Because you were at fault in the accident, the...