Tennessee Code Title 55. Motor and Other Vehicles § 55-10-120

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Every law enforcement agency shall have a policy describing when law enforcement personnel may disclose to the public information or law enforcement records concerning the use of drugs or alcohol by a driver as a contributing factor in a motor vehicle accident.

(b) The policy required by subsection (a) shall include a requirement that the law enforcement agency make a good faith effort to notify the immediate family of those involved in the motor vehicle accident of the presence of drugs or alcohol as a contributing factor before such information may be made available to the public.

(c) A law enforcement officer investigating a motor vehicle accident resulting in the death of a person, and having probable cause to believe that an operator of a motor vehicle involved in the accident was driving under the influence of alcohol, shall investigate whether the operator was served alcoholic beverages or beer at an establishment licensed to sell alcoholic beverages or beer. The alcoholic beverage commission must be notified of the investigation within forty-eight (48) hours of the incident.

(d)(1) A law enforcement agency shall provide records related to an accident, the persons involved in such accident, and persons involved in providing or selling alcoholic beverages to persons involved in an accident upon receipt of a request for such records by the alcoholic beverage commission.

(2) Notwithstanding another law to the contrary, the alcoholic beverage commission shall keep the records received pursuant to subdivision (d)(1) confidential and shall not provide such records to the public.

(3) Records described in subdivision (d)(1) that are used in a regulatory hearing must be protected from disclosure to any person other than the court and the parties involved in such regulatory hearing.

(4) The alcoholic beverage commission shall deny a request for records described in subdivision (d)(1) and inform the requestor of their ability to file a similar request with the law enforcement agency that created the record.

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Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-10-120 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-10-120/

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