Careless Driving

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.

Featured Posts

October 25, 2022

New Tennessee Crime: Aggravated Reckless Driving

Effective July 1, 2022, the Tennessee Legislature created the new Tennessee Crime of Aggravated Reckless Driving.  A person who “intentionally or knowingly impedes traffic upon a public street, highway, alley, parking lot, or driveway, or on the premises of a […]

Read More
October 07, 2022

Boating Under the Influence (BUI) May Now Be Used to Enhance a Sentence for Tennessee Driving Under the Influence (DUI)

Beginning July 1, 2022, a conviction for a Tennessee Boating Under the Influence (BUI) offense may be used to increase the penalties when a person is charged in Tennessee with Driving Under the Influence (DUI).  Prior to July 1, 2022, […]

Read More
September 23, 2022

Ignition Interlock Device (IID) as a Tennessee Driving Under the Influence (DUI) Bond Condition

When charged with a Tennessee Driving Under the Influence or DUI-related offense (including Vehicular Assault by Intoxication, Aggravated Vehicular Assault by Intoxication, Vehicular Homicide by Intoxication, and Aggravated Vehicular Homicide), an offender may be required to operate only a motor […]

Read More

Contact

Office

Oberman & Rice
550 Main Street
Suite 730
Knoxville, TN 37902

Phone Number
(865) 249-7200
(865) 540-1696 (fax)

GPS Coordinates
Long: 35.970504
Lat: -83.914776

contact us today for a free consultation

We reply to non-urgent after-hours requests for consultation within 24 hours. For after-hour emergencies, please call us at (865) 249-7200.

Fields marked with an * are required