According to the Chattanooga Times Free Press, a new bill is making its way through the Tennessee Senate that would allow motorists who are driving in excess of twenty-five miles per hour over the speed limit to be fined up to $500. To put this fine in perspective, it is more than the minimum fine imposed for a first offense DUI and is the same maximum fine as that allotted for a Class B misdemeanor which carries a penalty of up to six months in jail. This bill, dubbed the “super speeder” bill, clearly demonstrates that Tennessee lawmakers wish to increase the seriousness with which excessive speeding is handled.
The bill’s sponsor, Jack Johnson of Franklin, Tennessee, said the bill is necessary because Tennessee Courts have determined that excessive speeding alone is not enough to sustain a charge or conviction for reckless driving. In T.C.A. §55-10-205, reckless driving is said to occur when “any person […] drives any vehicle in willful or wanton disregard for the safety of persons or property. Accordingly, then, excessive speeding alone has not been found to amount to willful or wanton disregard within the contemplation of the statute.
What this bill has done, in essence, is to make excessive speeding the equivalent of reckless driving from the standpoint of the fine imposed. While this bill does not impose jail time upon excessive speeders, it should be noted that a great deal of individuals charged with reckless driving likewise avoid jail time by being placed on probation or undergoing some other form of alternative sentencing. From a practical standpoint, then, this bill will make the offense of excessive speeding essentially equivalent to reckless driving by imposing an identical maximum fine to that allowed for reckless driving, which is a Class B misdemeanor. This fine can be a substantial amount of money for a lot of Tennesseans, and persons who are looking at a charge of reckless driving or a $500 fine under this new bill once it passes would be wise to consult an experienced criminal defense attorney who can assist them in obtaining a favorable resolution to their case.
Source: http://www.timesfreepress.com/news/2010/apr/28/super-speeders-face-500-fine-tenn/?breakingnews
