§ 12.32.090. Equipment and other nonmoving violations—Nullification procedures.


Latest version.
  • A.

    The circuit court clerk is authorized to establish a nullification program in the traffic violations bureau for eligible equipment and non-moving violations. Violators can appear at the traffic violations bureau and present proof that the defect has been corrected within forty-five days from the date of the violation. There shall be a fee of twelve dollars whenever a non-moving traffic violation is nullified by the traffic violations bureau or is dismissed by the general sessions court after correction of the violation. This fee may be waived by the general sessions court judges in cases of financial hardship.

    B.

    Violations of T.C.A. 55-12-139 (Financial Responsibility Law) charged as a metropolitan violations pursuant to Section 12.08.160 will be dismissed as follows:

    1.

    On or before the court date, the person so charged may submit evidence of financial responsibility at the time of the violation. If it is the person's first violation of this section and the court is satisfied that the financial responsibility was in effect at the time of the violation, the charge of failure to provide evidence of financial responsibility shall be dismissed.

    2.

    Upon the person's second or subsequent violation of this section, if the court is satisfied that the financial responsibility was in effect at the time of the violation, the charge of failure to provide evidence of financial responsibility may be dismissed. Any charge that is dismissed pursuant to this subsection B. shall be dismissed without costs to the defendant and no litigation tax shall be due or collected, notwithstanding any law to the contrary.

    (3)

    A person who did not have financial responsibility that was in effect at the time of being charged with a violation of T.C.A. 55-12-139 as a metropolitan violation pursuant to Section 12.08.160 shall not have that person's violation dismissed.

(Ord. BL2010-793 § 9, 2010; Ord. 93-729 § 1, 1993; Ord. 88-623 § 1, 1989; prior code § 27-1-288)