Friday, April 9, 2010

What do you do if a restricted license does not restrict?

A prosecutor has a problem. A judge issued a restricted license that was extremely broad. The judge ruled that the driver could not only drive to and from work, but could drive as a delivery truck driver all over the State at all hours. The language of a restricted license is:
TCA § 55-10-406 (c)(1)(A) "Going to and from and working at the person's regular place of employment". The order shall state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle.

We appear to have no recourse. We can't appeal. Safety can't trump the judge. The court appears to have re-written the law for this delivery driver removing driving and time limitations.

Send your ideas for this prosecutor to my e-mail at tekimball@tndagc.org

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