Tennessee § 55-50-504 - Driving while license cancelled, suspended or revoked — Minors — Forfeiture — Notice.

§ 55-50-504. Driving while license cancelled, suspended or revoked — Minors — Forfeiture — Notice.

A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended, or revoked commits a Class B misdemeanor. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than two (2) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(1); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor. Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(2); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a second or subsequent conviction for vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than forty-five (45) days nor more than one (1) year, and, in addition, may be subject to a fine of not more than three thousand dollars ($3,000). No person shall cause or knowingly permit the person's child or ward under eighteen (18) years of age to drive a motor vehicle upon any highway when the minor is not authorized hereunder or in violation of any of the provisions of this chapter. No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter. No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter. No person charged with violating this section for a violation of § 39-13-213, § 55-10-101, § 55-10-102 or § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 — 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, nor shall any person convicted under this section for a violation of § 39-13-213, § 55-10-101, § 55-10-102 or § 55-10-401 be eligible for probation, or any other provision of law authorizing probation, until the person has fully served day for day at least the minimum sentence provided by law. If the court suspends the prosecution and dismisses the charges pursuant to §§ 40-15-102 — 40-15-105, and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, the court shall forward to the department a record of the dismissal or diversion action. The person will then be required to meet the financial responsibility requirements pursuant to chapter 12 of this title prior to the reinstatement of any driving privileges. The vehicle used in the commission of a person's violation of § 55-50-504, when the original suspension or revocation was made for a violation of § 55-10-401, or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (g). For purposes of clarifying this subsection (g) and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while the person's driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while the person's driving privileges are cancelled, suspended or revoked is not required. Notwithstanding any other law to the contrary, revocation or suspension of a license shall not take effect until ten (10) days after notice has been sent to the last known address of the driver. The notice requirement in this subsection (h) shall not apply to a driver whose license has been revoked or suspended by a court of competent jurisdiction or who has surrendered the license to the court. Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction. Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits. Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout's being introduced into evidence. Notwithstanding subdivision (a)(1), a person who drives a motor vehicle without a functioning ignition interlock device installed on such vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person was required by law to drive only a motor vehicle equipped with a functioning ignition interlock device commits a Class B misdemeanor and shall be punished by confinement for not less than seven (7) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Acts 1937, ch. 90, § 15; mod. C. Supp. 1950, § 2715.23 (Williams, § 2715.28); Acts 1955, ch. 114, § 11; 1961, ch. 94, § 3; T.C.A. (orig. ed.), § 59-716; Acts 1983, ch. 337, §§ 1, 2; T.C.A., §§ 55-7-116 , 55-7-504 ; Acts 1989, ch. 591, § 112; 1992, ch. 722, §§ 2-6; 1994, ch. 892, §§ 1, 2; 1996, ch. 959, § 1; 1997, ch. 375, § 2; 2000, ch. 565, § 1; 2000, ch. 799, §§ 1, 2; 2001, ch. 455, § 1; 2002, ch. 732, § 1; 2007, ch. 251, §§ 1, 2; 2010, ch. 921, § 13; 2016, ch. 748, § 1. Compiler's Notes. Acts 2001, ch. 455, § 2 provided that the amendment by that act shall apply to any applicable fine imposed on or after July 23, 2001. Acts 2010, ch. 921, § 14, provided that the administrative office of the courts shall develop and provide training to judges with jurisdiction over violations of § 55-10-401 to provide such judges with adequate knowledge to perform their duties under the act. Acts 2010, ch. 921, § 15, provided that the treasurer shall establish a method by which ignition interlock providers, as defined in § 55-10-412(a)(2) [now 55-10-411(h)(3) ], are reimbursed from the interlock assistance fund for the payment of the costs associated with the lease, purchase, installation, removal and maintenance of ignition interlock devices for persons found to be indigent. Acts 2010, ch. 921, § 16, provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Acts 2010, ch. 921, § 18(3), provided that the act, which added subsection (k) [now subsection (j)], shall apply to applicable offenses of driving under the influence occurring on or after January 1, 2011. Cross-References. Enumeration as state offense in metropolitan government area, § 7-3-312 . Penalties for Class A or B misdemeanors, § 40-35-111 . Use of citations in lieu of arrest, § 40-7-118 . Violation deemed habitual offender offense, § 55-10-603 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 11.2, 32.192. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, §§ 28, 32.1, 33. Law Reviews. Asset Forfeiture in Practice: Legislative Reform and Financial Considerations (Patricia S. Wall and Lee Sarver), 37 No. 4 Tenn. B.J. 24 (2001). Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).