I got a speeding ticket in a school zone for going 20 over in Clarksville, TN. I was working at the school that day, and left after school was over. I had stayed with two late buses, so when I left I knew that all the students were gone. When I pulled out of the school there was no sign telling me that there was still a school zone going on or how long it went on. Further the place that I was pulled over was next to a middle school and the middle school was closer to where I was pulled over. I had to have been at least .3 miles from the school when I was pulled over. I was told it was reckless and could pay the fine or go to court, but that if I wanted traffic school I had to go to court. I know that reckless driving is a misdemeanor, and don't want anything worse then a fine or traffic school to come out of it. Should I just pay it? Or if I do go to court how would I go about getting traffic school?
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. If you have any questions whatsoever, or there is anything I can clarify for you, please temporarily bypass the rating system by clicking “Continue the Conversation” or "Reply" Clicking either of the lowest two options reflects poorly on me (and not whether the law favored your situation), so please reply to me if there is anything else I can do to help before choosing those options. I appreciate your patience while we work out the kinks.In Tennessee, speeding 20 mph over the speed limit carries 4 points on your driving record. You get a warning letter if you accumulate 6 points in a year, and if you reach 12, you have to attend a hearing, where you can opt to avoid a suspension by taking a driver improvement course. That course is offered to everyone who accumulates 12 points in a one-year period. http://www.tn.gov/safety/driverimprovement.shtml#adultOn the other hand, reckless driving is a Class B misdemeanor and, if you go before the judge, he has the ability to amend the ticket and charge you with reckless driving instead of the speeding ticket that you received. So, you have to really think about whether you want to take that risk. If the school zone lights weren't flashing, or you weren't in a school zone at the time you were pulled over, then it sounds like you have a valid defense to the ticket. If you have any questions at all about what I've written, please click "continue conversation" or reply so that I may address them. It's important to me that you are 100% satisfied with the service I have provided you. Thank you.
Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
I was told that since it was 20 in a school zone that it was reckless and would be six points. And I'm not sure if the lights were flashing, I was pulling out of the school in the middle of the two school zone lights. When I called the clerk to inquire about traffic school instead of points on my license, I was told that I would have to go to court to get traffic school since it was reckless.
Does the ticket actually say reckless driving? It sounded like the officer wrote the ticket just for 20 mph over the speed limit (which is only 4 points, and would have been really nice of him).
it says speeding 40 in a 20 MPH 9-449 and then has an x mark in two boxes that say radar and school zone
Is there anything marked to indicate that you're required to go to court?
no it says appear in court or pay fine by
That should be for just a regular traffic violation. Because reckless driving is a misdemeanor, you would have to appear in court. You wouldn't have any option to pay a fine. It would usually also say "Reckless Driving" instead of speeding. Unfortunately, there isn't a statute that is section 9-449, so I can't verify what that is referring to. From what you're saying, it sounds like the officer wrote the ticket for speeding. However, with reckless driving, you really should have a lawyer to represent you, so you may want to at least have a local attorney look at the ticket for you and go from there.
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