The Nolo Contendere Plea - How It Works In Traffic Cases

Aug 18

As an attorney, I am often asked what a nolo plea is, its benefits, and when it should be used. The purpose of this article is to explore these questions and determine how it can and cannot help drivers charged with traffic offenses in the state of Georgia.

Nolo Contendere Defined

Nolo contendere means "no contest." If a criminal defendant enters a nolo plea, technically, he is not admitting guilt, but he is no longer contesting the charge.

A nolo plea can be used once every five years. It can be used for most criminal offenses and traffic offenses, and it may prevent the assessment of points against your driver's license if the traffic offense carries a point penalty of 3 points or less.

Also, it is essential to remember that a nolo plea is still a conviction in technical terms, and the sentencing Judge is not bound to give a reduced sentence because of this plea.

However, as discussed below, a nolo plea carries certain benefits depending on the circumstances.

The Benefits of a Nolo Plea

There are primarily two benefits to entering a nolo plea in certain cases:

While the nolo plea will still be reported to the Georgia Department of Driver Services (DDS), no points will be assessed against a driver's License depending on the offense and the age of the driver.
A nolo plea can have certain benefits in any other proceeding that may stem from the original criminal case. For example, if a driver is involved in a motor vehicle accident with another driver, the at-fault driver may be sued for money damages. If a nolo plea had been entered in the criminal case, that plea would not act as an admission of guilt, and thus cannot be used to determine Liability (fault) in the civil case. Georgia Code 17-7- 95 states that "Except as otherwise provided by Law, a plea of nolo contendere shall not be used against the defendant in any other court or proceedings as an admission of guilt or otherwise or for any purpose..."

Commercial Driver's License (CDL) and Nolo Pleas

Unfortunately, due to the heightened responsibility held by commercial drivers, a nolo plea offers no value. A nolo plea can still result in a suspension or disqualification of their CDL. However, a nolo plea may be helpful in any other case that is connected to the original criminal matter as it relates to determining fault or Liability.

As a result, if you have a commercial driver's license, you should contact an experienced attorney to see what steps can be taken to prevent a suspension or disqualification of your commercial driver's license.

Drivers Under 18 Years of Age and Nolo Pleas

A nolo plea will not avoid a point assessment for any offense and therefore will hold little value as far as points are concerned. However, a nolo plea may be helpful in any other case that is connected to the original criminal matter as it relates to determining fault or Liability.

As a result, if you are under age 18, you should contact an experienced attorney to see what steps can be taken to prevent the suspension of your driver's license.

Drivers 18 to 21 Years of Age and Nolo Pleas

For drivers who are under 21 years of age but are at least 18 years old, a nolo plea will avoid a point assessment for offenses that carry three points or less. However, for all drivers under 21 years of age, a nolo plea will not avoid a license suspension for any offense listed in O.C.G.A. 40-5-571, such as:

Hit and run or leaving the scene of an accident;
Racing;
Using a vehicle to flee from law enforcement;
Reckless driving;
Trying to purchase alcohol or using false identification to purchase alcohol; or
DUI.

For all drivers under 21 years of age, a nolo plea will not avoid a license suspension for any offense for which four or more points are assessed, such as the following examples:

Reckless driving;
Aggressive driving;
Unlawful passing of a school bus;
Improper passing on a hill or a curve; and
Exceeding the speed limit by 24 miles per hour or more.

Drivers 21 Years of Age or Older and Nolo Pleas

A nolo plea will avoid a point assessment for offenses that carry 3 points or less.

When a Driver's Age Does Not Matter

Any non-commercial driver, regardless of age, may enter a nolo plea and avoid the associated mandatory license suspension for the following types of traffic offenses:

No insurance;
Driving on a suspended license; and
Driving with a suspended registration.

DUIs and Nolo Pleas

Unfortunately, a nolo plea will still operate as a conviction in all DUI cases, regardless of the age of the driver, and a DUI conviction will result in the suspension of your driver's license. Georgia Code 40-6-391 outlines the different sentencing ranges for various types of DUls, and the criminal penalties for these DUls are enforced when "a conviction is obtained or a plea of nolo contendere is accepted."

Disclaimer

The information on this site is provided for general informational purposes only and does not constitute legal advice. Contacting Waid Law Firm does not create an attorney-client relationship. Please do not send confidential or time-sensitive information until such a relationship is formally established.