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For traffic tickets in New Jersey, guilty and not guilty aren’t the only plea options possible. You can also plead nolo contendere. Also called no contest pleas, these pleas provide a great alternative to guilty pleas when applicable.
What Is a Nolo Contendere Plea in New Jersey?
A nolo contendere plea is when you choose not to contest the charge. No contest pleas are similar to guilty pleas in that you will still be convicted of the violation and have to face all of the penalties associated with it. However, these two plea options differ on one key area: a nolo contendere plea doesn’t mean that you’re admitting guilt, just that you’re not going to argue your case.
Benefits of Pleading Nolo
The key benefit of pleading nolo contendere instead of pleading guilty is that you aren’t legally admitting to the charges. You’re just accepting the consequences. In some cases, this will prevent you from getting any points on your license. However, that’s handled on a case-by-case basis.
One of the most important parts of this seemingly semantic difference is that people can use your traffic ticket conviction against you in subsequent lawsuits if you plead guilty but not if you plead no contest. Pleading no contest requires the plaintiff to build their case from scratch. Pleading guilty, on the other hand, enables the plaintiff to use your guilty plea as evidence that you are indeed at fault, greatly helping their lawsuit against you.
Cases Where Nolo Is a Good Option
There are a number of times when a nolo contendere plea might be your best option. We’ve listed a few of the most common below, but keep in mind that this is not an exhaustive list. If you think a no contest plea might be helpful for your case, download the WinIt app today and start talking to a local traffic ticket attorney in your area.
When You Suffer From Severe Memory Loss
In some cases, drivers who suffer from severe memory loss might be legally incapable of pleading guilty to traffic violations that could result in criminal penalties. For example, if you have a diagnosed medical condition that severely reduces your ability to remember things, the court might not allow you to plead guilty to hit and run or DUI charges. In those cases, your options will be nolo contendere or not guilty.
When You Lack Proof of Insurance
If there’s no proof that you have insurance (possibly because you actually don’t have insurance at all), a nolo contendere plea might be the best option for you. This plea option can potentially spare you from additional criminal charges for driving without insurance, since you’re not admitting guilt to the traffic violation that occurred while you were allegedly driving without insurance.
When Involved in a Hit and Run Situations
Hit and run situations often take the form of a criminal or civil traffic court proceeding brought forth by the state followed by a civil lawsuit brought forth by the aggrieved party. Pleading nolo contendere, rather than guilty, to the hit and run charge will make it more difficult for the plaintiff in that civil case to successfully sue you after the fact.
When Charged With a Speeding Violation
Speeding can lead to a good number of points on your license in New Jersey (and potentially also in your home state). However, if the court permits you to plead no contest, there’s a chance that these points will not appear on your record.
Following Other Vehicles Too Closely
Following too closely (also known as tailgating) is one of the most common causes of car accidents across the country. If you were ticketed for following too closely in an instance that resulted in a car accident, pleading no contest can prevent your conviction from being used against you in a subsequent civil suit.
When Accused of Lane Violations
Similar to speeding violations, pleading nolo contendere to one of these violations can potentially spare you from the points that could otherwise result in your license being suspended.
When Charged With Misdemeanor Possession of Marijuana
When charged with a misdemeanor, a nolo contendere plea might be able to get you reduced sentencing and prevent a costly jury trial.
Can Your Nolo Plea Be Rejected by a Judge?
Yes, your nolo contendere plea has to be upheld by a judge. In most jurisdictions around the state, the judge is the final arbiter of whether or not you can plead no contest to a particular charge. If they feel that you haven’t met certain requirements to warrant the no contest plea option, then they might restrict you to either pleading guilty or not guilty instead.
Does Pleading Nolo Contendere Affect Insurance Rates?
Unfortunately, no contest pleas still result in convictions. That means the traffic violation will still appear on your record and can therefore be seen by insurance investigators. Depending on the violation, your insurance can increase by a little or a lot. How high the increase is is determined by a number of factors specific to each different insurance provider.
Find a Lawyer To Help Fight Your Case at AppWinit.com
Whatever the case, WinIt is here to help. If you’ve received a non-criminal traffic ticket in New Jersey and you’d like to fight it, download the WinIt app and get started doing just that today. WinIt partners with lawyers all around the country to provide expert legal assistance wherever you may be. As long as you’re in our service area, the lawyers on the WinIt app can help to set you up for a successful resolution to your case.
