What Is A ‘No Contest’ Plea?
A "No Contest" plea is essentially a statement that the defendant does not contest the State’s allegations. It is considered distinct from a "Guilty" plea, in which the defendant admits to committing the offense charged. Likewise, such a plea is also distinct form a "Not Guilty" plea, in which the defendant simply maintains his or her dual right against self-incrimination and right to due process by demanding that the State prove the case against him or her.
It is important to note that , whereas a "Guilty" plea entails an admission of guilt and conscience on the part of the defendant, a "No Contest" plea does not, thus leaving the door open for a later civil action against the alleged offender for the same offense. Avoiding a civil law suit might be the primary motive for pleading "No Contest" rather than "Guilty." However, this does not give the defendant free reign to speak freely as if on a witness stand at trial however, for if she does, then the defendant risks being in contempt of court.
What Are The Consequences Of A ‘No Contest’ Plea?
A ‘no contest’ plea usually does not trigger an automatic point assessment for a traffic offense. A traffic offender in Georgia might still be eligible to attend traffic school even after a ‘no contest’ plea. A ‘no contest’ plea does not, however, guarantee that the underlying case will never be reopened by the court. In Georgia, a ‘plea of nolo contendere [no contest] shall neither constitute an admission of guilt of the offense charged nor be used against the defendant in any civil or criminal matter.’ The legal implications of entering a ‘no contest’ plea in traffic court include the defendant’s guilt being ‘deemed established for all purposes’. The defendant may also face harsher sentences than what would have been imposed had the defendant entered a guilty plea. The court may exercise its discretion to sentence a ‘no contest’ plea differently from a guilty plea under OCGA § 17-10-1. A defendant’s ‘no contest’ plea in traffic court does operate to waive the defendant’s right against double jeopardy. ‘The general rule . . . [is] that when a person enters a plea of nolo contendere, the trial judge is free to impose any sentence he could have imposed following a guilty plea so long as the sentence is within the statutory and constitutional limitations.’ By entering a ‘no contest’ plea, a defendant in traffic court may waive the right to appeal. A defendant’s motion to withdraw a ‘no contest’ plea is also subject to a strict time limitation; the defendant must file the motion within 15 days of the plea. A ‘no contest’ plea in traffic court does not always result in the assessment of points. A defendant’s eligibility to attend traffic school may also be preserved where the defendant enters into a ‘no contest’ plea.
Pros Of A ‘No Contest’ Plea
When you enter a plea of "no contest" in traffic court, there are several important benefits to consider. A "No Contest" plea is not an admission of guilt. It merely means that you are not going to be contesting the facts in the Judge’s Traffic Court. For instance, if the officer pulls you over for speeding and provides a reading from a radar device or a speed detection device, a plea of "no contest" will likely be in your best interest, as you will not be able to argue against the facts of the citation. The benefits of pleading "no contest" lie more in your ability to avoid admitting guilt and in gathering information about the underlying civil suits that may result from the citation. If an accident occurs, an injured party can file a civil suit for compensation for any injuries suffered by them during the accident. If you plead guilty in traffic court, you’ll have likely opened the door for them to use your testimony from traffic court against you in a civil suit. If you don’t want to have that testimony used in a civil suit, a plea of "no contest" is likely your best option. In the event that your plea of "no contest" results in a conviction, that conviction can be used to support a civil suit.
Cons Of A ‘No Contest’ Plea
Understanding the nature of these pleas (sometimes called a nolo contendere), will ensure that you are making a tactical decision when speaking to the judge or traffic court magistrate during arraignment.
Choosing to enter a no contest plea carries with it certain potential drawbacks. First, you are giving up your right to a trial and accepting the consequences on behalf of the Department of Transportation and state. Often in traffic court, the magistrate will offer a plea deal the first time a case comes before them. This can be a reduction in the initial charge to a lower fine or violation. It is important to carefully consider the plea offer from the magistrate and whether to accept. It is important to keep in mind that when you accept a plea offer from the magistrate, you have hired an attorney and someone whose legal judgment you trust. With a magistrate, you have limited opportunity to speak before a decision is made. On the other hand, with your attorney present, you can discuss the offer with them before making the decision to enter into a plea agreement that you are comfortable with, versus simply taking the magistrate’s offer. It also allows for your attorney to enter into further negotiation with the magistrate or prosecutor in order to get a better deal.
A no contest plea also has the obvious potential drawback of a conviction on your criminal record. This can cause you to face increased fines, increased points on your driving record, and even revocation of your driving privileges in some instances. Even though the magistrate may not refer you to the DMV, that is no guarantee. The magistrate is not the same person who sits at the DMV and they cannot give you guarantees as to your future with the department.
There can also be instances where a magistrate feels they are doing you a favor by offering a no contest plea, but that just isn’t the case. For example, if you have already taken your mandatory drivers education course, but if you are convicted of a traffic offense like reckless driving, then you will be forced to pay for that class a second time. Another example is being required to take alcohol screening after receiving a DUI. If you receive a no contest plea for what would be a DUI and the magistrate entered "drugs" or "alcohol" on the room for testing, you could be required to pay for a full substance abuse evaluation, even though you don’t consume drugs or alcohol.
It is also important to note that not all no contest pleas carry with them all of the same potential collateral consequences. Some traffic offenses could include a criminal conviction on your record. Other traffic offenses carry possible professional or civil liability. For example, a no contest plea for DUI could affect your ability to apply for a license or renewed security clearance. Therefore, before entering into this type of plea agreement with the magistrate, you must carefully consider all possible ramifications to ensure that it is the right decision for you.
Entities that Benefit from A ‘No Contest’ Plea
Particularly with minor traffic infractions, a no contest plea may make sense if you can achieve the same outcome that would result from a guilty plea but without the damaging civil consequences. For example, suppose you receive a ticket for speeding or running a stop sign. A court conviction of that crime will result in points being assessed to your driving record and a possible increase in your insurance premiums. Yet, if the infraction was minor, a skilled Atlanta traffic attorney may be able to negotiate a plea that results in a lesser violation, such as failure to obey a traffic signal or impeding the flow of traffic , that carries no points and therefore no civil ramifications. Other factors favoring the use of the no contest plea include that the underlying evidence does not support a conviction, the facts of the case are not particularly compelling, or if the prosecution’s case is weak. If, for example, a police officer’s observations about the alleged speed at which you were driving were based on a speed limit sign that was hard to see, the underlying evidence may not be sufficiently credible to support a conviction for speeding. In such a case, a no contest plea to a lesser violation will be an attractive option. The same is true where the prosecutor’s case is weak and he or she lacks the resources to build a solid case against you.
How To Enter A ‘No Contest’ Plea
This is a rather simple problem for most people and by far the easiest either going there in person or calling the court. If the judge will not allow someone to plead to a traffic ticket over the phone or if that method was not pursued, the court date should be on the traffic ticket. All the defendant has to do is show up at the appropriate court and ask the clerk to be allowed to enter a plea of no contest to the traffic ticket.
Except in the most rare instances the court will be open for quite some time, probably from around nine to eleven AM and again in the afternoon from one to three PM. When the defendant arrives at the proper court and asks the clerk for permission to enter a plea he should say simply "I would like to plead No Contest to the charge." The clerk may ask the defendant for the ticket or simply ask for the ticket number. As soon as the clerk has this information then the defendant will be asked to wait to speak with the judge or magistrate. After a brief while the defendant will be called before the judge and asked to confirm his identity by stating his name, home address and possibly his home telephone number. After the defendant states this information the judge will ask "How do you wish to plead to the charge?" The defendant should answer "I wish to plead No Contest to the charge." The judge will then state that this is not an admission of guilt, but just that the defendant does not wish to contest the case thus saving time and effort for all concerned.
The defendant then states that he understands the charge has an implied basic fine and that there may also be an additional assessment against the fine. At this point the judge will then state something like "The basic fine for the speeding charge is $200.00 plus $50.00 for a court assessment." The total amount due is $250.00. The defendant is then required to pay this money at the courthouse clerk’s desk where the defendant again has the option of whether to pay by cash, check or credit card. Here the defendant should again ask for a receipt and if available a discount for paying the fine all at once.
Although usually there is no requirement for the defendant to have an attorney present when originally entering a plea of no contest, of course there is nothing wrong with doing so. This should apply to all misdemeanor traffic cases. In some more serious cases such as DUI charges an attorney should be retained since a while range of motions may be necessary which involve the retention of expert witnesses, psychologists, private investigators, and in some rare cases, polygraph experts.
Contrast Between A ‘No Contest’ And Other Pleas
In traffic court, one alternative to outright admission of guilt is a plea of "no contest." A "no contest" plea means the defendant does not admit guilt but also does not contest the charges. In other words, a Nevada driver who enters a "no contest" plea is neither admitting guilt nor declaring innocence.
A "guilty" plea in traffic court is admissible as evidence in a subsequent civil suit that is based on the car accident that gave rise to the criminal charges. A "guilty" plea is an admission of guilt. A Nevada driver who pleads guilty to a traffic citation is saying he or she is guilty of the crime. In court, an attorney filing a civil lawsuit will likely be able to introduce the "guilty" plea as evidence of liability against the driver in the civil case.
A "not guilty" plea in traffic court means the Nevada driver is contesting the charges brought against that person . In this situation, the driver is not admitting guilt, nor is the driver admitting innocence. A "not guilty" plea is often followed up with a not guilty finding by the Nevada traffic court if there is not enough evidence to find the defendant guilty. If, however, the traffic court does find the driver guilty, the guilty plea may be used as evidence in a civil lawsuit based on the same crash.
If you have a valid defense to your traffic citation, it may be worthwhile to try to fight the ticket rather than simply plead guilty. On the other hand, if you do not have a valid defense and you are pleading guilty or no contest, it will probably be in your best interest to plea to the lesser, non-moving violation. The reason for this is you can often avoid points and keep your insurance from going up.