Driver Improvement Schools are governed by T.C.A. § 55-10-301. Many courts use driver improvement schools as an alternative to requiring a defendant to pay a fine. A judge may actually require a defendant to attend traffic school in addition to or in lieu of any other punishment. In most cases, a judge will dismiss the charge upon completion of a traffic school.

If the judge's intent is to allow the driver to avoid a conviction by attending traffic school, the court clerk should only report "traffic school" on the Court Action Report or in the Court Portal. If a court clerk selects both "Guilty" and "Traffic School" there will be a conviction entered. Sometimes a judge may convict and order traffic school because the driver's actions were so offensive the judge selects this more punitive measure. However, in most cases the intent of the judge is to allow traffic school to avoid a conviction, and the court clerk should be careful only to submit the disposition of traffic school and not conviction.

TCA. § 55-10-301(b)(5) instructs the court clerk to wait until the driver has successfully completed the traffic school course before it submits the disposition of traffic school. If the traffic school is taught in-house, this is when the driver finishes the course. If the driver is allowed to take an outside traffic school, the defendant needs to show a certificate of completion or the school should provide a list of completed students to the court.

Also, if the judge allows extended time to complete the traffic school, that does not impact the 5 day (CDL drivers) or 30 day (regular drivers) reporting requirements for convictions. Here is this scenario: Judge allows the driver 60 days to complete traffic school. At that moment, there is no conviction of the offense because the driver has time to complete traffic school in lieu of a conviction. If the driver completes the school within 60 days and shows the court, the driver has complied with the court and traffic school is entered. However, if 60 days comes and goes and the driver has not successfully completed traffic school, then the driver has failed to comply with the court's order and then the driver is convicted of the offense. So the 5 day (CDL) and 30 day (regular drivers) reporting deadline for this conviction starts.

It is noted that first-time offenders of the texting law may attend a driver improvement course, in in lieu of a fine. Of course, this is at the judge's discretion. T.C.A. § 55-8-199(d)(2).

Also, a clerk should provide defendants a list of approved traffic schools in the county. TCA. § 55-10-301 (b)(4).