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MUST I APPEAR BEFORE THE JUDGE IN COURT? MAY I PAY WITHOUT GOING TO COURT?

COURT ATTENDANCE IS NOT REQUIRED

Under Tennessee law, a person cited for traffic offense “may elect not to contest a charge and may, in lieu of appearance in court, submit the fine and costs to the clerk of the court”. TN Code Ann. §55-10-207(d) Therefore, if you pay your Citation on or before your Court Date, you are not required to appear before the Judge in City Court.

The payment of a traffic fine is very closely similar to a plea of nolo contend ere which, translated from Latin, means simply “I will not contest it.”

However, if you intend to plead Not Guilty and dispute a charge against you, YOU MUST APPEAR IN COURT! [For more information, go to "HOW DO YOU PLEAD?"] This Court does not conduct Not Guilty hearings (trials) outside of the Courtroom, nor by mail/telephone.

WHY DO SOME PEOPLE COME TO COURT, AND OTHERS DO NOT?

Should you come to speak with the Judge in Court? That decision is yours and yours alone. The following information is provided in an effort to assist you in making an informed decision. Everyone's situation is unique, and what may be best for one may or may not be best for another. While the following does not include every reason why some people come to Court, and why others do not, these are some of the most common reasons we hear:

Some consider paying without coming to Court as quicker and more convenient.

You may mail your payment as long as it is postmarked no later than your scheduled Court Date.

You may walk-in and make your payment at a Court Service Counter anytime prior your Court Date or no later than 10 business days after your scheduled Court Date without being considered 'late'.

Court Relief is available at the Service Counter or through the mail for Equipment, Insurance, Driver License and Registration violations. (See details below.)

You may sign-up for a Defensive Driving Course to keep 'points' off of your Motor Vehicle Driving Record (MVR) without going into the Courtroom. (See TRAFFIC SCHOOL for details.)

The Tennessee Supreme Court considers payment of a Citation without Court attendance to be the equivalent of a “No Contest” plea, even though it is entered in the Court records as a conviction.

With that convenience, there are potential consequences.

Paying a Moving Violation without coming to Court may result in 'points' being added to your Motor Vehicle Driving Record (MVR).

Money...it may cost you more to come to Court, or you may save a little or more than a little by coming to Court. It depends on the charge(s) against you and your situation.

Insurance - If this violation goes on your record as a conviction, how will that affect your insurance? For some, that means a large increase in premiums. For others, one ticket may have no effect. (Check with your insurance agent.)

Employment - Will 'points' on a traffic ticket spell unemployment or trouble for you?

Court attendance is required for a NOT GUILTY Court Hearing!
If you intend to contest (dispute, question, challenge or argue) any charge against you, the Judge will require that the Officer be present. That allows the Judge to hear testimony from both sides before making a decision.

Appearing before the Judge in Court may or may not keep 'points' off of your MVR.

There are no guarantees on how the Judge will rule on a Case.

If this Citation is the first such violation you have received in several years, the Judge may be inclined to offer some form of Judicial Relief after ruling you guilty. This offer by the Judge will keep any 'points' off of your MVR. (For more details, see JUDICIAL RELIEF.)

Speaking with the Judge may or may not reduce the amount you must pay the Court.

JUDICIAL RELIEF, if offered by the Judge, has the potential to keep 'points' off of your MVR, but some forms of 'relief' may actually cost more in the short-term than if you just paid the ticket without coming to Court. (The general assumption is that you will save more in the long-term by avoiding a conviction on your record due to the resulting effect on your Insurance rates, and/or employment.)

"18 - 20 Alcohol Violation" – If you received a Citation for underage drinking or using "False ID" (involving alcohol/beer), you should be aware that a conviction of either violation in Tennessee is an automatic driver license suspension. (See JUDICIAL RELIEF, Youth Substance Abuse Program.)

"Vicious Animal", "Cruelty, Teasing, Molesting (animal)", "Excessive Number of Animals" and/or "Poisoning/Trapping (animal)" – If you have been cited with one or more of these violations, and you would like to explain your situation to the Judge, you need to do so in the Courtroom during Court.

COURT RELIEF AVAILABLE AT THE SERVICE COUNTER OR THROUGH THE MAIL

Equipment violations may be DISMISSED (no charge) upon "Proof of Repair". (Either show the Court a receipt for the repair or have a visual inspection of the repair.) [For more information, go to EQUIPMENT REPAIRS.]

No Driver License in Possession violations may be “Dismissed Upon Payment of Court Costs”. [For more information, go to DRIVER LICENSE.]

Violation of State Registration Law may be “Dismissed Upon Payment of Court Costs” [For more information, go to VEHICLE REGISTRATION.]

No Proof of Insurance may be “Dismissed” at NO COSTS or “Dismissed Upon Payment of Court Costs” [For more information, go to PROOF OF INSURANCE.]

For more information, go to JUDICIAL RELIEF - Alternative Sentencing.

ANIMAL TAGS/RABIES VIOLATION – Bring proof of both your current animal tag and rabies vaccination to the Court Service Counter in a timely manner, and this violation will be dismissed at no Cost. (If you do not live within the Knoxville City Limits, you will only be required to show proof of rabies vaccination.) Bring tag/rabies proof for each animal cited.