City of Knoxville - City Court Diversion

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JUDICIAL RELIEF / DIVERSION / ALTERNATIVE SENTENCING

Diversion is a form of judicial relief that may be offered, at the Court"s discretion, to offenders deserving of leniency. The City Court Judge determines who receives diversion based on the merits of a defendant"s Case as well as the defendant"s background (good driving record, MVR and no criminal history).

The Judge makes decisions regarding diversion after hearing a Case when the defendant appears in the Courtroom. That includes Not Guilty Hearings between Officers and defendants, as well as Guilty/No Contest discussions between defendants and the Judge.

The standard forms of diversion available in this Court include:

Special Relief
Good Background / Driving Record
Probation
Defensive Driving Course (Traffic School)
Youth Substance Abuse Program

SPECIAL RELIEF

For violations involving Equipment Repairs, Insurance, Driver License, Vehicle Registration/Tag, and Animal Tag/Rabies violations, the Judge has set-up possible "relief" options available by mail, at a Court Service Counter, or in Court if you prefer.

(For example, the standard "relief" on Driver License or Registration violations will be "Dismissed upon the payment of Court Costs" ($96.50 per moving violation) with proof of current Driver License/Registration.)

GOOD BACKGROUND/DRIVING RECORD

If this is your first ticket (traffic or otherwise), or if the last time you received a traffic ticket was over four years ago, you are a good candidate for diversion. That means that under normal circumstances, if you appear before the Judge in Court with a plea of Guilty or No Contest, there is a fair chance the Judge may offer you Judicial Diversion on one (1) violation with a ruling of "Dismissed upon payment of Costs"…

(This is NOT a guarantee of Judicial Relief/Diversion! Other factors may play a part in the Court's ruling. For example, if you have an unpaid Citation or Parking Ticket with this Court, your driving record will have less impact with the Judge/Court)

What does it mean when the Judge says…

"Dismissed upon payment of Costs"?

$96.50 is what that means, since that is the amount due (per charge) in most such rulings by the Judge. $96.50 represents "Court Costs" on a Moving violation. Since it does not include a FINE, this charge will not add any "points" to your driving record (MVR). If the Judge makes this statement in reference to a Non-Moving violation, the amount due in "Court Costs" is $64.50. Non-Moving violations do not add "points".

PROBATION

Probation is a form of Court relief sometimes offered to a defendant by the Judge in which the FINE is DISMISSED contingent upon the terms of the probation.

Probation can keep "points" from a Moving violation off of a defendant"s MVR (driving record).

Probation is conditional on the defendant meeting the terms of the probation, which is usually not to get another Citation during the next 30 days.

If the defendant does receive another "ticket" during the probationary period, the Fine is "reinstated" and the "points" are re-activated.

A defendant is also considered to be in default if the balance due on the Citation is not paid as scheduled.

DEFENSIVE DRIVING COURSE (TRAFFIC SCHOOL)

City Court's Defensive Driving Course program provides classroom education regarding the "rules of the road." The National Safety Council Approved, 8-Hour Course is taught by KPD in Knoxville. Defendants may be eligible to attend traffic school as an alternative sentence to keep "points" from a Moving violation off of a defendant"s MVR (driving record). When a defendant completes the school, the FINE is officially DISMISSED. Following are City Courts "rules" regarding Traffic School…

You must have a valid drivers license to be eligible.

You may receive credit for T-School in Knoxville"s City Court for one (1) Moving violation no more than once every two-year period.

Knoxville Area: If you live in (or are attending school in) the Metro Knoxville area (which includes each County contiguous to Knox County, as well as Knox County itself), you must come in person to a City Court Service Counter to personally sign-up and pay for (in-full) T-School taught by Knoxville Police Department (KPD).

2. $146.50 is the amount that must be pre-paid in order to attend T-School in Knoxville; that covers the $96.50 for Court Costs plus $50 for the Defensive Driving Course.

3. Classes begin promptly at 6:00 PM; anyone arriving late will not be admitted.

4. Certificate of Class Attendance - KPD will report your class attendance to City Court and provide you with a Certificate of Class Attendance so you may receive proper credit. (If you fail to attend both class sessions, your Fine will be reinstated and the violation 'points' will go on your record.)

Non-Residents: If you do no live in one of the Counties contiguous to Knox County, in Knox County, nor are you presently attending school in this area, then you may request to take a Defensive Driving Course in your hometown or on the Internet. The choice is yours as long as you adhere to the following rules:

2. City Court will then send you a letter detailing what type of local class you may select in your hometown. That letter will also include the Internet addresses of 2 or more acceptable Internet Classes you may choose if you prefer the Internet over a regular class.

3. Whether you choose to attend a class in your area or take one of the classes on the Internet, the choice will be yours… the cost generally ranges from $40 to $60, which is in addition to the $101.50 you pay to City Court.

4. Certificate of Class Attendance - It is important that you complete an 8-hour, National Safety Council Approved Class as required by this Court. Furthermore, it is your responsibility to see that City Court receives notification (usually via a certificate) of your class completion so you may receive proper credit. Otherwise, your Fine will be reinstated and the violation 'points' will go on your record.

YOUTH SUBSTANCE ABUSE PROGRAM

Persons convicted of under-aged consumption of alcohol automatically lose their driving privileges for a period up to one year. As an alternative sentence, defendants may be entitled to attend the Youth Substance Abuse (YSAP) Program. Upon successful completion of YSAP, a defendant must reappear before the Judge to have his/her case dismissed.

Court attendance is required.

Without YSAP, an "18-20 Alcohol" violation conviction results in an automatic DL suspension for up to 1 year! (A 2nd conviction will result in an automatic 2-year suspension.)

YSAP Class will cost $75 + Court Costs ($96.50) = $173.50 TOTAL must be paid-in-full the day of Court Hearing!