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A nolo contendere (Nolo) plea can help you avoid penalty points on your license when you’re charged with a misdemeanor traffic offense in Georgia. You can use it to close a case without pleading guilty. As a result, many people tend to misuse the plea due to a lack of understanding.
Although many Georgia drivers see it as an intermediate between pleading guilty and not guilty, there are many details behind a nolo plea. Here is what a plea of nolo contendere means.
What is Nolo Contendere?
Nolo Contendere is a Latin legal term used today in the Georgia legal system. It means ‘I do not want to contend’ or simply ‘no contest.’ As a defendant, it works in cases where you don’t want to contest, regardless of whether the charges are accurate or not.
You don’t have to state whether you are guilty of a crime or not because the plea lies between the two. Although most states have the ‘no contest’ plea, they vary in benefits and consequences.
For example, when you plead nolo in Georgia, you accept the consequences of the charges. But, you don’t admit to doing the crime. Let’s find out why people plead nolo to traffic charges in Georgia.
Why plead nolo to traffic charges in Georgia?
When you’re taken to court for a traffic misdemeanor, your attorney might advise you to plead nolo. In traffic laws, a misdemeanor refers to an offense that results in injury to either people or property. You can also be charged with a ‘near miss’ demeanor when you don’t cause damage but nearly cause it.
So how does pleading nolo contendere help?
You avoid receiving penalty points on your license.
When you’re charged with a misdemeanor in Georgia, you receive a fine plus three points on your driver’s license. Usually, the Georgia Department of Driver Services suspends your driving license once you receive a minimum of 15 points within 24 months. The rule also applies when you commit a serious driving violation.
However, if you plead nolo, you can pay a fine, close the case and avoid receiving points on your license. However, the Georgia Department of Driver Services will still record the violation on your driving license.
You avoid a guilty plea.
If you plead guilty when faced with a traffic misdemeanor lawsuit, the admission can be used against you. The court, for example, might order you to pay for damages, injuries, or both. However, you can avoid this by using a plea of nolo contendere to your advantage.
Once you opt for a nolo plea, you can resolve misdemeanor traffic violations while avoiding guilty plea consequences at the same time. You accept the consequences to prevent the lawsuit from coming back to you unless there is other evidence.
Keep reading to know how many times you can enjoy nolo pleas.
How often can you plead nolo contendere?
No-contest pleas vary from one state to the other in terms of consequences and benefits. For instance, you can use a nolo contendere plea only once every five years if you are a Georgia driver aged 21 years and above. As a result, you get to protect your license as well as your criminal and driving histories.
So when is a nolo contendere an ideal option?
When is Nolo a good option?
There are some circumstances where pleading nolo is your only choice. For instance, you might be unable to plead guilty to criminal charges due to memory loss. This means you cannot establish facts following criminal violations, so you must choose the nolo contendere plea.
Other instances where you can plead nolo include:
· When you lack proof of insurance
· When charged with a speeding violation
· When involved in a hit and run situations
· Following other vehicles too closely
· When accused of lane violations
· When charged with misdemeanor possession of marijuana
However, there are some limits to pleading nolo. Keep reading to understand the limitations.
Limits to Nolo Pleas in Georgia
Although nolo pleas can help in certain situations, sometimes it’s not a good option. Here’s why:
· Individuals below 18 (21 for serious traffic offenses) cannot use the nolo plea privilege to avoid receiving points on their driving license.
· ‘No pleas’ cannot protect your license from being suspended in Georgia if it is directly connected to the charge. A good example is when you have been charged with Driving Under the Influence (DUI).
· The power of whether you can enjoy a no-contest plea or not lies with the judge. It means that if the judge doesn’t allow you to use it, you will be forced to plead guilty or face a trial.
· As stated above, you can only use the privilege once every five years. Therefore, if you use plead nolo before five years are over, your no-contest privilege will be used as a guilty plea. It means you will face all the consequences as a result.
· No contest pleas cannot reduce your charges. However, it can prevent the information from going on your records.
· You can only avoid being entirely convicted depending on your charges and alternatives or diversion programs.
· To enjoy a nolo plea, you must have committed a 3-point offense or less.
· No-contest pleas are usually reported to the Department of Driver Services (DDS). Although this doesn’t lead to points against your license, it shows up on your MVR report. As a result, your insurance provider might raise your premiums.
Let’s see what happens if you plead nolo when you have a commercial driver’s license.
Nolo Contendere Pleas Concerning Commercial Driver’s License
If you are a licensed commercial driver, a nolo plea cannot prevent your license from suspension or disqualification. This is because the DDS handles all traffic offenses committed by commercial drivers in Georgia.
Keep reading to know if pleading nolo affects your insurance rates.
Can pleading nolo make your insurance company increase your premium rates?
You might think that since a nolo plea is not supposed to appear on your MVR, you are safe from increased premiums or coverage cancellation from your insurance provider. However, this is not the case. Auto insurers can set their preferred standards and rates since no-contest pleas don’t apply to them.
Although pleading nolo has its advantages, there is so much at stake. Instead of gambling on whether to plead nolo or not, you might want to consider seeking help from a qualified criminal lawyer. He or she can help you determine whether or not to go for a nolo contendere plea.
When you find the right defense attorney, make sure you explain everything to help them make an informed decision. Some of the details to explain include:
· Any current lawsuits against you
· Whether you have made any nolo plea in the past.
Here is how you can find more help that you may need.
Use the WinIt App to help you win your case.
The WinIt app can do a lot for you, especially if it is your first time facing a misdemeanor traffic violation. The platform offers you research on traffic laws, how to defend your ticket, and how to reclaim your driving privilege.
WinIt has partnered with reputable defense lawyers to ensure the above happens. In addition, you get to save money for your insurance coverage. The lawyers can also help you avoid monetary penalties and non-monetary ones as well.
More importantly, WinIt criminal attorneys can help if the court suspends your driving license. Note that you don’t have to pay any money until WinIt partnered attorneys represent you in court.
All you have to pay is a specific percentage of your original ticket. If you want to enjoy successful results in court while saving money at the same time, visit theWinIt online platform to get help.
Avoid penalty points on your license.
Pleading nolo contendere is a great way of avoiding penalty points on your license if you live in Georgia. However, there are limits to the number of nolo pleas that you can make. Therefore, you should use it only when necessary.