Foreign national - didn't stop at a stop sign (Memphis: to live, costs) - Tennessee (TN) - City-Data Forum

gracie84 · 08-09-2009, 10:20 PM

Hi,

Ok firstly I made a mistake - I didn't stop at a stop sign despite no cars coming either way and was pulled over by the police. I know.. a law is a law so I'm in the wrong.

I am british and moved to memphis 5 days ago, I was under the impression as a forgeiner I can drive in Memphis with my UK license for 30 days.

Not only did I get a "disregarded a stop sign" ticket, I received a no license violation. The cop did say if I get my license before my court date, the judge will disregard it. This I fully intend to do in the next two weeks.

However, I was wondering if anyone had any advice for when I get to court? Should I try to find some written evidense that foreigners can drive in tennessee for 30 days before getting a state license? Do you think he will drop the stop sign violation as well?

Thanks for your help, will be stopping at every stop sign in future. Not just slowing to 3 mph like I did today.

Pearlbob · 08-10-2009, 07:11 AM

A law is a law. the cops may not be familiar with laws regarding foreigners, but the judge will be. You don't have to take any evidence to court to prove a law. Although, it wouldn't hurt to find the law written on a TN gov't webpage and print it out, if you believe the cop was in the wrong.

If you blew thru a stop sign, I wouldn't expect that to get waved. People get killed when people run stop signs. I would imagine they take those issues a lot more seriously than someone who gets a simple 5mph-over ticket.

98SS · 08-10-2009, 08:22 AM

The cop wasn't in the wrong to give you the no license violation. I wouldn't think that they can't just let you go if you tell them you just moved here. Then, everyone without a license would just say, "Oh, I just moved here" every time they got pulled over. I'm sure that's why they have to give you something that requires you to appear and show that you eventually obtained a local license.

Was he in the wrong regarding the license? No. But it will certainly get dismissed once you have the license.

JoeCartpath · 08-10-2009, 08:31 AM

You are correct about the 30 day period (see the information on the link below). I'd suggest you take something proving when you came into the country when you go to court. Do that as well as get your TN license beforehand and the judge will certainly dismiss that charge. Since you'll have to take the full drivers test to get your TN license, showing up with that in hand just might make the judge more willing to dismiss the other charge as well.

New Residents

gracie84 · 08-10-2009, 12:03 PM

Thanks for your help all.

I'm guessing it's it's similar to the UK in that the arresting officer has to be present at the hearing?

Also I take it that the fact I slowed down to 3-5 mph, checked traffic in both directions, then went, will be absolutely meaningless as well?

Thanks again for your help

Pearlbob · 08-10-2009, 12:17 PM

A stop sign is a stop sign. I get the point....the roads are emtpy, no one is around, etc. But it's still a law - you broke a law by not stopping at a stop sign. I don't think trying to argue "but it was a rolling stop" will help you any in court

Huckleberry3911948 · 08-10-2009, 12:18 PM

glad you learned from the experience and were nice about it. unlike so many other visitors.

CptnRn · 08-10-2009, 12:20 PM

Quote:

Originally Posted by JoeCartpath

You are correct about the 30 day period (see the information on the link below). I'd suggest you take something proving when you came into the country when you go to court. Do that as well as get your TN license beforehand and the judge will certainly dismiss that charge. Since you'll have to take the full drivers test to get your TN license, showing up with that in hand just might make the judge more willing to dismiss the other charge as well.

New Residents

Note that it says:

Quote:

New residents or those returning to Tennessee and holding a driver license from another state must obtain a Tennessee driver license no later than thirty (30) days after establishing residency.

If you are not establishing residency there you do not have to get a Tennesee license. I'm pointing that out in case you are just visiting or looking for a job and not sure yet where you are going to live. It also says you can keep your license from the other country if you do get a Tennesee license.

As far as not coming to a complete stop, that is not uncommon, many people do that, you were just unfortunate in having gotten caught. You can probably just pay a fine for that, but to get the "Tennesee liscense" issue dropped you will probably have to see a judge.

UofMGrad92 · 08-10-2009, 06:40 PM

Your ability to get a license is also dependent on your immigration status. If your visa and period of admission don't last for more than a year, they won't (or wouldn't) issue you a license. Whatever the case, I'd bring my passport and admission paperwork to court along with your UK license. I'd also bring the TN license if you get one before the court date. You will probably get a dismissal on both, although you might have to pay some court costs if you have to talk to the judge.

gracie84 · 08-10-2009, 07:54 PM

That's all fair enough. I admit like other people, I do wonder why police stop a law abiding doctor at 11pm when there's so much else going on BUT.. a law is a law - can't argue with that.

Unfortunately (for this case anyway) I am a resident, not a visitor so can't pull that card. My visa is for a couple of years so I should be able to get a license if the waiting list isn't too long.

Anyway, I'll let you guys know what happens in a month - just for your own curiosity.

Thanks for your help all.