Texting While Driving Unlawful in Tennessee, Except for Law Enforcement Officers and Emergency Personnel

Just last week while driving in the middle lane on I-40, a police officer blew right by me going approximately 80 mph. He was not operating his blue lights or his sirens. Suffice it to say, driving at high rates of speed is unlawful even for emergency vehicles when not operating emergency equipment. It is also unlawful to text while driving—at least for the general public. And yes, while speeding, this officer seemed to be texting. The tail-tell signs: both hands resting at bottom of steering wheel grasping a small mechanical device, head directed downward.

But the new Tennessee traffic violation law does not apply to police officers. On April 23, 2009, the Senate adopted certain amendments to the text messaging law and passed Senate Bill 393, which, as amended, specified that the bill does not apply to officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the actual discharge of their official duties.

The amendments also exempt campus police officers and public safety officers, emergency medical technicians, emergency medical technician-paramedics, firefighters, and emergency management agency officers.

Although the new law does not apply to law enforcement officers and emergency personnel, it applies to both in-state and out-of-state drivers. It is a Class C misdemeanor subject only to imposition of a fine, court costs and any applicable statutory fees of officers. The crime is considered a non-moving violation; thus, if charged, points cannot be added to your license.

For legal assistance with your moving or non-moving violation, call 866-853-2888 to speak with an experienced TN traffic citation attorney at Baker Associates.