Is Reckless Driving a Felony in Tennessee?
Direct Answer: No
Reckless driving is a serious offense in Tennessee, but it is not typically considered a felony. However, the penalties for reckless driving can still be severe, and the circumstances surrounding the offense can play a significant role in determining the severity of the charges. In this article, we will delve into the specifics of reckless driving in Tennessee, including the definitions, penalties, and defenses that may apply.
Definition of Reckless Driving in Tennessee
Reckless driving is defined in Tennessee Code Annotated (TCA) Section 55-8-76 as:
"The operation of a vehicle in a manner which shall indicate a heedless and reckless disregard for the safety of persons or property."
This means that drivers can be charged with reckless driving if they engage in conduct that shows a reckless or wanton disregard for the safety of others or their property.
Examples of Reckless Driving in Tennessee
Some examples of reckless driving in Tennessee may include:
• Racing or participating in a speed contest
• Driving at excessive speeds
• Disregarding traffic laws and regulations
• Failing to maintain control of a vehicle
• Driving with a distracted driver (e.g. using a phone while driving)
Penalties for Reckless Driving in Tennessee
The penalties for reckless driving in Tennessee are as follows:
• Fine: A minimum fine of $200 to a maximum fine of $500
• Jail time: Up to 30 days in jail
• Licensing penalties: Suspension or revocation of driver’s license
• Court-ordered education: Required attendance at a driver improvement clinic
Criminal Trespassing as a Felony
However, in certain circumstances, reckless driving can escalate to criminal trespassing, which is a felony in Tennessee.
• Criminal trespassing occurs when a driver, in the commission of reckless driving, intentionally enters the area of another person, business, or property.
• This felony charge carries a maximum penalty of 3 years in prison and a fine of up to $5,000.
Defenses Against Reckless Driving Charges
If you have been charged with reckless driving in Tennessee, it is essential to understand the defenses that may apply to your case:
• Lack of evidence: If there is insufficient evidence to prove reckless driving, your charges may be dismissed.
• Mistaken identity: If the police misidentified you as the reckless driver, this could be a viable defense.
• Accident or unintentional conduct: If you were involved in an accident, but your actions were not intentional, this may be a valid defense.
Table: Reckless Driving Penalties in Tennessee
| Penalty | Description |
|---|---|
| Fine | $200 – $500 |
| Jail time | Up to 30 days |
| Licensing penalties | Suspension or revocation |
| Court-ordered education | Required attendance at a driver improvement clinic |
Conclusion
Reckless driving is a serious offense in Tennessee, but it is not typically considered a felony. While the penalties for reckless driving can still be severe, understanding the definitions, examples, penalties, and defenses can help you navigate your case effectively. If you have been charged with reckless driving in Tennessee, it is crucial to consult with an experienced attorney who can help you develop a strong defense.
