55-10-207 - Traffic citation in lieu of arrest. - Tennessee Statutes

55-10-207. Traffic citation in lieu of arrest.

(a)  (1)  Whenever a person is arrested for a violation of any provision of this chapter or chapter 8, 9, or 50 of this title or § 55-12-139, or chapter 52, part 2 of this title, punishable as a misdemeanor, and the person is not required to be taken before a magistrate or judge as provided in § 55-10-203, the arresting officer shall issue a traffic citation to the person in lieu of arrest, continued custody and the taking of the arrested person before a magistrate, except as provided in subsection (f).

     (2)  A law enforcement officer at the scene of a traffic accident may issue a written traffic citation to the driver or drivers of any vehicles involved in the accident when, based on personal investigation, the officer has reasonable and probable grounds to believe that the person or persons have committed an offense under the provisions of this chapter or chapter 8, 9 or 50 of this title.

     (3)  Whenever a person is arrested for a violation of any provision of chapter 4, part 4 of this title that is punishable as a misdemeanor, the arresting officer may issue a traffic citation to the person in lieu of arrest, continued custody and the taking of the arrested person before a magistrate.

(b)  The citation shall demand the person cited to appear in court at a stated time and it shall state the name and address of the person cited, the name of the issuing officer, and the offense charged. Unless the person cited requests an earlier date, the time specified on the citation to appear shall be as fixed by the arresting officer. The citation shall give notice to the person cited that failure to appear as ordered is punishable as contempt of court. The citation shall be executed in triplicate, the original to be delivered to the court specified therein, one (1) copy to be given to the person cited, and one (1) copy to be retained by the officer issuing the citation. The original citation delivered to the court shall be sworn to by the issuing officer before a magistrate or official lawfully assigned this duty by a magistrate. The person cited shall signify the acceptance of the citation and the agreement to appear in court as directed by signing the citation.

(c)  Whenever a traffic citation has been prepared, accepted, and the original citation delivered to the court as provided herein, the original citation delivered to the court shall constitute a complaint to which the person cited must answer and the officer issuing the citation shall not be required to file any other affidavit of complaint with the court.

(d)  Prior to the time set for the person to appear in court to answer the charge, the person cited may elect not to contest the charge and may, in lieu of appearance in court, submit the fine and costs to the clerk of the court. The submission to fine must be with the approval of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed. The submission to fine shall not otherwise be exclusive of any other method or procedure prescribed by law for disposition of a traffic citation that may be issued for a violation of any provision of this chapter or chapter 8, 9, or 50 of this title or § 55-12-139 or chapter 4, part 4 of this title.

(e)  If the person cited has not paid the traffic citation upon submission to fine as provided in this section and the person cited fails to appear in court at the time specified, or such later date as may be fixed by the court, the court may issue a warrant for the person's arrest or may declare a judgment of forfeiture for the offense charged. The judgment of forfeiture shall in no case be more than the total amount of fine and costs prescribed by law for the offense and may be collected in the manner provided in § 40-24-105.

(f)  This section shall not be applicable to any person arrested for a violation of any of the offenses enumerated in § 55-10-203, or to any person arrested for a violation of any provision of this chapter or chapter 8, 9 or 50 of this title that is punishable by a fine of more than fifty dollars ($50.00) or by imprisonment for more than thirty (30) days. This section shall not supersede § 40-7-118, nor shall it require the use of a traffic citation in lieu of arrest in any of the circumstances specified in § 40-7-118(c).

[Acts 1984, ch. 777, § 1; 1985, ch. 334, § 1; 1986, ch. 619, §§ 1, 2; 2002, ch. 648, §§ 2, 3; 2002, ch. 803, §§ 15, 16; 2007, ch. 481, § 4.]