(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 55-50-506

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. See Tennessee Code 55-50-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of safety acting directly or through its duly authorized officers and agents. See Tennessee Code 55-50-102
  • Driver: means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-50-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Motor vehicle: means a vehicle, low speed vehicle or medium speed vehicle as defined in this section, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail. See Tennessee Code 55-50-102
  • Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-50-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Tennessee Code 55-50-102
  • Violation: means a conviction except as otherwise provided in §. See Tennessee Code 55-50-102
(1) A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex, apartment house complex or any other premises frequented by the public at large while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), commits a Class B misdemeanor and is subject to a fine only of not more than five hundred dollars ($500).
(2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor punishable by a fine only of not more than one thousand dollars ($1,000).
(b) Upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), the department shall revoke the person’s license for five (5) years.
(c)

(1) Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section, the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction.
(2) Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant’s first appearance in court or at least fourteen (14) days prior to a trial on the merits.
(3) Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout being introduced into evidence.
(d)

(1) The vehicle used in the commission of a person’s violation of this section is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (d).
(2) In order for subdivision (d)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur in Tennessee.
(3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person’s conviction of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2), is to prevent unscrupulous or incompetent persons from driving on Tennessee’s highways while transporting drugs. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads and lessening the pernicious influence of methamphetamine upon Tennessee’s families, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while transporting drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who use a motor vehicle for the transportation of drugs.
(4) Only POST-certified or state-commissioned law enforcement officers shall be authorized to seize vehicles under this section.
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