Legal Question in Criminal Law in Tennessee

I was cited for driving on a suspended license 7 years ago in Tennessee I failed to report for booking and thus a cqpias was issued for my arrest. 2 years later I was cited for failure to show proof of insurance and even though I had a capias I was not arrested or informed of my capias. I did not show my proof of insurance to the court or even show up so my license was suspended.3 years later I was cited for having a headlight out which I promptly repaired but once again was not informed of my capias or this time the fact that I was driving on a suspended license. Two weeks ago I was pulled over for expired tags and arrested for driving on a suspende d license and capias for failure to appear. Does this violate the right to fair and speedy trial act or is there any other legal recourse I can pursue. Thank you for your time.


Asked on 8/06/15, 6:27 pm

1 Answer from Attorneys
Charles Bloodworth

See an attorney. Under Tennessee law, a misdemeanor warrant that has not been served within five years, it "shall automatically be terminated and removed from the records."

See:

Tennessee Code Annotated � 40-6-206. Issuance and return; time; termination.

Any process, warrant, precept or summons authorized to be issued by any of the judges or clerks of the court, in any criminal prosecution on behalf of the state, may be issued at any time and made returnable to any day of the term. In a misdemeanor case, if a process, warrant, precept or summons has not been served, returned or quashed within five (5) years from the date of its issuance, the process, warrant, precept or summons shall be automatically terminated and removed from the records.

That won't help you get your driver's license back unless and until you satisfy that old citation. That original citation was obviously served on you immediately after the offense was committed.

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Answered on 8/07/15, 6:40 am


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