The Nolo Contendere Plea And Traffic Offenses In Georgia

As an attorney, I get asked quite often what a nolo plea is, what are 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 simply means “no contest.”  If a criminal defendant enters a nolo plea, he is not technically admitting guilt, but he is also 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 as long as the traffic offense carries a point penalty of 3 points or less.

Also, it is important 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 2 main benefits to entering a nolo plea in certain cases.

First, 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.

Second, a nolo plea can have certain benefits in any other proceeding that may stem from the original criminal case.  For example, if a driver got into a motor vehicle accident with another driver, the driver at fault may end up getting sued for money damages.   If a nolo plea had been entered in the criminal case, that plea will 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 really 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, but 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 a 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 who are at least 18 years old, a nolo plea will avoid a point assessment for offenses that carry 3 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. 40-5-57.1, 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; and

And for all drivers under 21 years of age, a nolo plea will not avoid a license suspension for any offense for which 4 or more points are assessed, such as the following few 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

As discussed above, drivers who are under 21 years of age are a bit more limited in when they can enter a nolo plea, and thus avoid any associated license suspension.

However, 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 lays out the different sentencing ranges for the various types of DUIs, and the criminal penalties for these DUIs are enforced when “a conviction is obtained or a plea of nolo contendere is accepted.”

Contact Us

Nolo pleas can be extremely helpful when used in the right situation.  However, since it can only be used once every five years, it is critical to use it only when you need it the most and when it will provide the greatest benefit to you.

Call The Law Office of Addison C. Waid IV today for your free consultation.  Attorney Addison Waid has years of experience both prosecuting and defending traffic offenses, and he can advise you as to what the best options are in your case and what the best steps are moving forward.