Driving with a revoked license In the state on Tennessee am I required to have a valid driver's license to drive myself around?
Tennessee Code 55-50-301 (a) (1): No person, except those expressly exempted in this section, shall drive any motor vehicle upon a highway in this state unless the person has a valid driver license under this chapter for the type or class of vehicle being driven; Moreover, under 55-50-504 (a) (1), it is a crime to drive with a revoked license: 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 or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended, or revoked commits a Class B misdemeanor.
The relevant offence is at s.47(1) of the Road Traffic Act 1988: A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence. Benin commits an offence as he uses the car on the road, and as not having a valid and current MOT (usually) invalidates motor insurance, the car would in all likelihood be seized under s.165A of the Act. Aisha may commit an offence if it can be shown that she causes or permits Benin to use the car. This would hinge on what steps she would reasonably be expected to keep the car off the road and/or prevent Benin from using it such as taking it back (via a pre-arranged MOT appointment to not fall foul of s 47) taking the keys from him or selling it - which she can do as the registered keeper (the credit company is the actual owner).
It is true that in the US, valid Federal law supersedes state law or regulation when there is a conflict. Precisely because of this, state laws and regulations are normally carefully written to avoid such conflicts. It is very unusual for a federal law issue to apply in traffic court. The question does not say what Federal law issue you think will apply to your case. Most issues where Federal law might plausibly affect a state court process, such as a fourth amendment violation on a search and seizure issue, would not apply in traffic court, although they might apply in a criminal court proceeding. Federal law does not generally deal with traffic issues, nor does it preempt state traffic laws, because there is normally no conflict. There is a group of people, who often call themselves &quot;sovereign citizens&quot; who have a habit of making wildly invalid legal claims, and trying to claim that much of the law does not apply to them. Such people often assert elaborate theories about why certain laws do not apply, not infrequently involving the Federal Supremacy Clause. Such claims are invalid, and will not be received well by a court. A claim that one travels by &quot;conveyance&quot; rather than by &quot;car&quot; and thus state laws do not apply is such an invalid claim. The argument made in this answer is such an invalid claim. Chapter 18 of the US code does regulate commercial vehicles to some extent. Therefore in that chapter &quot;motor vehicle&quot; does mean &quot;commercial vehicle&quot; because those federal regulations do not apply to private vehicles. This does not mean that state regulations that apply to private vehicles are preempted or otherwise invalid. If you think a Federal Issue will apply during a traffic court session, it would be wise to consult a lawyer in advance. Many lawyers offer free or low-cost initial consultations. If you think a relevant legal issue is not being addressed, politely, briefly, and clearly explain the issue that you think applies. Do not yell at the judge or other court personnel. Do not try to &quot;make up your own rules&quot;. You will be given a chance to indicate your side of the issue. Response to recent edit, and related comments Without a record of the actual court hearing you describe, there is no way to determine if the judge was acting correctly or not. Even with the record there might well be no way to determine what the judge had in mind, or why s/he acted as s/he did. I maintain that any argument that state traffic codes are in fact preempted by federal law, or apply only to commercial vehicles, or that an ordinary personal car is not a &quot;motor vehicle&quot; because of a definition in Blacks or any other dictionary, is legally unsound and frivolous, and could well subject a person who makes it in court to penalties for contempt. A particular judge might not want to bother with the matter, of course. I think i have answered the question as asked, in a way likely to be most helpful to people in general. Others may have other views.
So I found information from a law firm in Florida about Hit and Run Cases. You definitely want a lawyer as it is a $500 fine and/or 60 days in jail for your case (property damage, no injury or loss of life). The good news is that if you can argue the case correctly, it's very easy to get a Not Guilty verdict. Under Florida Law, a Hit and Run must meet the following criteria to legally find someone guilty: Disputes as to the identity of the driver; Lack of knowledge that a crash occurred; Lack of knowledge that an impact occurred with persons or property; The failure to stop was not willful, but was dictated by circumstances; The defendant stopped as close as possible to the site of the accident; The other driver refused to receive identifying information The other driver became belligerent, necessitating that the defendant leave the scene to call police; The assistance rendered was ‘reasonable’ within the meaning of the statute. Given that you had no lack of knowledge that a crash occurred (2) AND lack of knowledge that an impact occurred with persons or property (3.) AND you would have stopped but for the circumstances of the event prevented you from recieiving knowledge of that the crash had occured (4) you already fail to meet 3 of the 8 criteria. This should be easy to argue in and of itself, but where you need a lawyer to assist is in criteria 7. While you were never fearing the other driver to such a degree that you needed to call the police, his behavior was interpreted by you as "road rage" and you had a reasonable fear to not wish to engage him. It's not rules as written, but it could be that the rules allow for leaving the scene because of the plaintiff's behavior and could be valid in other forms. I'll admit, this will vary wildly on the judge's own interpretation of that rule, BUT it's worth a try. Keep in mind with all of these, the Prosecution will be required to prove all 8 facts against you, while you only have to disprove one, to some level of doubt. As an armchair jury, I have no facts to support your story, but I have no facts to doubt it either. And when doubt happens, you must assume innocence. It would help if you had any hint of the officers attitude at the time. Was he friendly? Dismissive? Distracted? What was the guy who hit you's attitude towards the situation? Was he constantly yelling at you and the officer? Was he quiet and separated? Either way, get a lawyer because 60 days of jail time and a $500 fine is not something you want to fight by yourself. Make calls (the ticketing officer should have a work number or other contact information on the ticket.). Notify the insurance company of the fact that it was cited as hit and run but not proven... it could make the difference of who's company is to pay (It will be his if there was no Hit and Run).
The US Department of Transportation does not "recognize" fast lanes, or have any limits on highway speed, which are determined by the states. Here is a resource on the various keep-right laws of the states. No state has a "fast lane" that allows speeds greater that the legal limit, nor does any state have a law requiring drivers to drive exactly the posted limit. Every state has some provision regarding slow-moving vehicles, and none frame the matter in terms of fast-moving vehicles. The legal convention is that slow-moving vehicles must be on the right, not the left. Some states have the restriction that you may not drive in the left lane except to pass, for example 625 ILCS 5/11-701(b), (d). You may drive in the left lane in Utah, but you must not impede traffic (which means you must move to the right). The signage depends on the laws of that state, and in all cases reflects laws against too-slow driving, and never approval of too-fast driving.
a quick online search takes me to the DMZ website; Out-of-State Replacement Out-of-State or Military License Replacement You can replace a lost Arizona license while out of state using the online, telephone, or mail-in options outlined above. The MVD allows the same processes for military members deployed out of state and their dependents, too. Simply apply for your military replacement license online, by calling the MVD, or by mail—whichever is most convenient for you. If you apply online, you will need to choose the express delivery option for an additional $16.95 fee (see “Apply Online" above). This option lets you order delivery to an out-of-state address. Otherwise, the duplicate will be sent to the address on file with the MVD. The out-of-state address you provide for express delivery will NOT appear on your duplicate license or ID, nor will it change the permanent/resident address on file. Remember, express service is not available for military delivery boxes or P.O boxes (e.g., APO, FPO) and is only available in the U.S. You can apply online at the Arizona Department of Transportation. You do need an address they can send it to, however its likely to take up to 15 You may be able to get it delivered express which may be much faster. How long will it take to get my Duplicate Driver License or Identification Card? You will receive your Duplicate Driver License or Identification Card within 15 days. If you request express delivery, an expedited delivery date will be provided based on the state and zip code of delivery and the time the order is placed. Given you are on a road trip, this may or may not work for your time frame. Give it a try and see what the expected date of delivery is. Otherwise your friend best avoid driving without a license. Update: She can of course, order a replacement to be sent to her new Oregon address (which she has done). We can't however advise you on the legality of driving without a license in this scenario. Obviously there are other ways to continue her journey without driving.
Would it be legal to jump into an unlocked car and start it? No. Same situation, different object.
California Vehicle Code, division 3, chapter 1, article 1, section 4000: A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees. (Section 38010 defines "off-highway vehicles", essentially agricultural, construction, and other vehicles that are never driven on state roads) Article 2, section 4156: (a) Notwithstanding any other provision of this code, and except as provided in subdivision (b), the department in its discretion may issue a temporary permit to operate a vehicle when a payment of fees has been accepted in an amount to be determined by, and paid to the department, by the owner or other person in lawful possession of the vehicle. The permit shall be subject to the terms and conditions, and shall be valid for the period of time, that the department shall deem appropriate under the circumstances. Article 7, section 4850: The department, upon registering a vehicle, shall issue to the owner two partially or fully reflectorized license plates or devices for a motor vehicle, other than a motorcycle, and one partially or fully reflectorized license plate or device for all other vehicles required to be registered under this code. The plates or devices shall identify the vehicles for which they are issued for the period of their validity. Article 9, section 5202: A license plate issued by this state or any other jurisdiction within or without the United States shall be attached upon receipt and remain attached during the period of its validity to the vehicle for which it is issued while being operated within this state or during the time the vehicle is being held for sale in this state, or until the time that a vehicle with special or identification plates is no longer entitled to those plates; and a person shall not operate, and an owner shall not knowingly permit to be operated, upon any highway, a vehicle unless the license plate is so attached. A special permit issued in lieu of plates shall be attached and displayed on the vehicle for which the permit was issued during the period of the permit’s validity. Divsion 17, article 1, chapter 1, section 40000.1: Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code. In short, yes, you need a license plate or equivalent temporary registration permit to drive on the highways; California is a bit unusual in that it requires license plates for parked vehicles as well.