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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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Can a person be charged for habitual offender in the

Resolved Question:

Can a person be charged for habitual offender in the state of Tennessee if it has been sixteen years since declaired an habitual offender?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

this is the TN law on what constitutes an habitual offender under 55-10-603 - let me know if you need clarification

(2) "Habitual offender" means:

(A) Any person who, during a three-year period, is convicted in a Tennessee court or courts of three (3) or more of the following offenses; any person who, during a five-year period, is convicted in a Tennessee court or courts of three (3) or more of the following offenses; or any person who, during a ten-year period, is convicted in a Tennessee court or courts of five (5) or more of the following offenses; provided, that if the five- or ten-year period is used, one (1) of such offenses occurred after July 1, 1991:

(i) Voluntary manslaughter resulting from the operation of a motor vehicle;

(ii) Vehicular homicide as defined in § 39-13-213;

(iii) Involuntary manslaughter resulting from the operation of a motor vehicle;

(iv) Vehicular assault as defined in § 39-13-106;

(v) A violation of § 55-8-151(a), relating to meeting or overtaking school buses;

(vi) A violation of § 55-10-101(a), relating to the duty to stop at the scene of an accident resulting in injury or death;

(vii) A violation of § 55-10-102, relating to the duty to stop at the scene of an accident resulting only in damage to a vehicle driven or attended by any person;

(viii) A violation of § 55-10-401, prohibiting intoxicated or drugged persons from driving or being in physical control of any automobile or other motor vehicle;

(ix) A violation of § 39-13-218, relative to aggravated vehicular homicide;

(x) A violation of § 55-10-418, relative to adult driving while impaired;

(xi) A violation of § 55-10-205, relative to reckless driving;

(xii) A violation of § 55-10-502, relative to drag racing;

(xiii) A violation of § 39-16-603(b), relating to evading arrest in a motor vehicle;

(xiv) A violation of § 39-13-103, relating to reckless endangerment by use of a motor vehicle; or

(xv) A violation of § 55-50-504, relating to driving on a cancelled, suspended or revoked license if the underlying offense resulting in such cancellation, suspension or revocation is an offense enumerated in subdivision (2)(A)(i)-(2)(A)(xiv).

(B) The violation of an ordinance of any political subdivision of this state shall be equivalent to the violation of state statutes if the elements of the offense covered by the ordinance are the same as the elements of the offense covered by the comparable state statute; and

(3) "Tennessee courts" includes not only state courts, but also courts of local jurisdiction duly established by a political subdivision of the state.

[Acts 1974, ch. 748, §§ 3-6; T.C.A., § 59-2103; Acts 1986, ch. 842, § 16; 1992, ch. 936, § 1; 1995, ch. 137, § 2; 2000, ch. 682, §§ 1, 2; 2000, ch. 848, §§ 1, 3; 2005, ch. 213, § 1; 2006, ch. 732, § 1.]

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