Tennessee Criminal Lawyer Blog

Sometimes, as a driver, it is difficult to tell when you are driving in violation of the law. For example, it’s difficult to judge at times when you should use your turn signal, when you should turn your headlights on, how fast you should drive, etc. Other times, however, it is blatantly obvious that you are breaking the law while driving. Such instances may occur when the driver is drunk, speeding excessively, or driving down the freeway with his or her leg hanging out of the window. The latter activity is what landed a twenty-seven year old British man in court this week.

The man reportedly had been driving down the freeway after work when he got what he described as an “agonizing” cramp. At this point, the driver had three choices: (1) continue driving in agonizing pain, (2) pull over to a safe location, relieve the cramp, then continue home, or (3) thrust his leg out the window to stretch the muscle while continuing to drive and thus transforming his car into a weaving, swerving death machine. He chose door number three.
Fortunately, law enforcement officials were nearby and pulled him over before he or anyone else was hurt. He was cited for what would be the equivalent in Tennessee of reckless driving. The court, however, allowed the man to avoid serving jail time given the extenuating circumstances and the fact that the man seemed very remorseful and accepted responsibility for his actions.

In Tennessee, such behavior would be punished as reckless driving, which is a Class B misdemeanor. Such an offense can carry a penalty of up to six months imprisonment. However, there often are, as there were in the case above, extenuating circumstances that caused or led the driver to drive in an unsafe manner. In some cases, the courts will be receptive to the fact that those circumstances existed and will show the defendant some leniency. To maximize the chances of that happening, defendants should consult with an experienced criminal defense attorney who can assist them in showing the court why they deserve such lenient treatment.

Source: http://www.telegraph.co.uk/motoring/news/7620484/Driver-escapes-jail-despite-driving-down-busy-motorway-with-leg-hanging-out.html