The Crime

Careless Driving, also often referred to as a Due Care Violation or Negligent Driving, is an offense that can damage your record, reputation, and driving history. To exercise Due Care toward pedestrians while driving, a person must:

1. Avoid colliding with any pedestrian upon any roadway;
2. Give warning by sounding the horn when necessary;
3. Exercise proper precaution upon observing any child or any confused or incapacitated person on the roadway.

In addition, notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, to exercise Due Care while driving a person must:

1. Operate the vehicle at a safe speed;
2. Maintain a safe lookout;
3. Keep the vehicle under proper control;
4. Devote full time and attention to operating the vehicle;
5. Act under the existing circumstances as is necessary to be able to:
   1. See and avoid endangering life, limb, or property; and
   2. See and avoid colliding with any other vehicle or person, or any road sign, guardrail, or other fixed object on or beside the road.

[Source: Tennessee Code Annotated § 55-8-136]

The Penalties

Under Tennessee law, a Due Care Violation is a Class C Misdemeanor and may result in some or all of the following consequences:

1. A sentence of up to 30 days in prison;
2. A probationary period;
3. A fine of up to $50;
4. Court costs.

In addition, if you possess a Tennessee Driver’s License, the Tennessee Department of Safety will assess 4 points on your MVR (Motor Vehicle Record).

If you have been charged with a Due Care Violation or Careless Driving, you should seek help from the Knoxville criminal defense attorneys at the Oberman and Rice Law Firm.

[Source: Tennessee Code Annotated § 55-8-136]

Why Hire An Attorney Immediately?

It is important to act quickly in order to gather and preserve favorable evidence if necessary. Key evidence (faces, dates, events, and conversations) fades from memory over time. Also, video evidence may be destroyed. Therefore, it is critical to begin an investigation as soon as possible to ensure valuable evidence is not lost. Success or failure in any Tennessee traffic case may be determined in the decisions of the defendant and his or her Tennessee Traffic Attorney in the days after a citation is written.

Contact Us Today

If you or someone you know has recently been charged, contact the Oberman & Rice Law Firm today so that we can begin preparing a defense for your case. Submit your information for a free case evaluation from our Knoxville traffic attorneys or call our office at 865-249-7200.