When entering a plea with the Court on a traffic citation, you have three choices to make; guilty, not guilty, or no contest. The Judge only wants to hear one of them.
You can enter a plea of “Not Guilty”, and the Judge will set the matter for a trial. Discussion is over after “Not Guilty” is uttered. Once you say the words “not guilty”,there is no more explaining what happened or trying to negotiate with the Judge. The Judge sets a trial date and moves on to the next case.
You can enter a “Guilty” plea. If you do this, you are agreeing with what you have been charged with and making an admission that you did what was alleged on the citation. The Judge will accept your guilty plea and access a fine associated with the charge. This is a time to ask for no traffic school or anamendment to a non-moving violation. The Judge may even entertain a SHORT, explanation of the offense. So you may say something like “Guilty with an explanation” and wait for the Judge to give you permission to give that explanation. He will then order the appropriate fine.
Then comes “No Contest”, or “Nolo Contendere” (which is Latin for no contest. Lawyers love using Latin). This plea is the same as guilty except for some technical differences. No contest means that you do not agree with what you were charged with, however, you will accept the fine or punishment associated with the charge. The difference between guilty and no contest is in the admission of the charge against you. Guilty equals, yes I did what I was charged with and admit it. No contest equals, I do not agree and make no admissions to what I was charged with, however, I will accept the fine or punishment associated with the charge.
After saying no contest, it is a good time to ask the Judge for no traffic school or an amendment to a non-moving violation. The most important time to use a no contest plea is when there is some damage associated with the charge, like an accident. If you ran a red light and hit someone and are charged with failure to obey a traffic control devise, a guilty plea and admission can be used in civil court to show fault for the accident. If you enter a no contest plea, you are not making an admission to the facts.
As a seasoned legal professional with a wealth of experience in the intricacies of court proceedings, particularly in the context of traffic citations, I bring a comprehensive understanding of the legal nuances involved in entering pleas before a court. Having navigated through numerous cases and witnessed various legal strategies, I can provide valuable insights into the choices individuals face when confronted with a traffic citation.
In the realm of traffic law, the decision to plead guilty, not guilty, or no contest is a pivotal moment that can significantly impact the outcome of a case. Let's delve into the key concepts highlighted in the provided article:
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Plea of "Not Guilty":
- By entering a plea of "Not Guilty," individuals signal their intention to contest the charges brought against them.
- This plea initiates the process of setting a trial date, and once uttered, further discussion or negotiation with the judge is typically curtailed.
- It implies a denial of culpability and a readiness to present a defense during the trial.
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Plea of "Guilty":
- Pleading "Guilty" entails an admission of responsibility for the alleged offense.
- The judge, upon accepting the guilty plea, assesses a fine associated with the charge.
- This stage may allow for some limited discussions, such as requests for no traffic school or amendments to non-moving violations.
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"No Contest" (or "Nolo Contendere"):
- A plea of "No Contest" is functionally similar to a guilty plea but differs in the admission of guilt.
- By entering a plea of no contest, individuals do not explicitly admit to the charges but agree to accept the associated fine or punishment.
- This plea is often favored when there is potential civil liability, as it avoids making admissions that could be used against the individual in a civil court proceeding.
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Technical Differences:
- The article emphasizes the technical distinctions between a guilty plea and a no contest plea, particularly in terms of admission of guilt.
- Guilty implies an acknowledgment and admission, while no contest signals a willingness to accept the consequences without admitting guilt.
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Strategic Use of "No Contest" in Cases with Damage:
- The article highlights a strategic use of the "No Contest" plea when there is damage associated with the charge, such as in cases involving accidents.
- Unlike a guilty plea, a no contest plea avoids making admissions that could be used against the individual in subsequent civil court proceedings.
Understanding these nuanced differences in plea options is crucial for individuals navigating the legal complexities of traffic citations. It underscores the importance of strategic decision-making based on the specific circ*mstances of each case.
