Should I plead guilty or no contest to a traffic violation

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 an amendment 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.

Should I plead guilty or no contest to a traffic violation

Getting a traffic ticket is the bane of every driver’s existence. The grueling process of being pulled over, interrogated, and later on having to appear in court is something every driver tries to avoid. The threat of a court date or paying a fine is something most drivers have developed a natural aversion to.

Receiving a traffic ticket means that you have been accused of violating the law. That is, you have violated traffic regulations. If you have recently received a ticket, consult with a criminal lawyer in Miami to understand the traffic regulation statutes in your jurisdiction. This can help you understand how to plea later on.

Stating Your Plea

There are various ways to state your plea. In deciding over what plea to take, most defendants confuse  pleading guilty and pleading no contest. Here we will help you by explaining the main differences between pleading guilty and pleading no contest. The distinction is simple:

  • Pleading Guilty

When you plead guilty, you are admitting guilt to the offense/s that you have been charged with. In other words, you committed the crime in question. This means that you are also willing to accept punishment for the offenses you have been accused of.

  • Pleading No Contest (Nolo Contendre)

When you plead no contest, you accept the charges, similarly through a guilty plea. However, this does not mean that you admit responsibility for the offense/s committed. According to it’s Latin translation, nolo contendre literally means “I do not wish to contest.”

You deny accountability for the charges but agree to accept a punishment. In a way, you are neither denying nor admitting fault. This is the reason why it can be in a defendant’s best interest to plead no contest. And the main reason why most defendants do.

Why You Should Plead No Contest

Should I plead guilty or no contest to a traffic violation

Pleading Guilty or Pleading No Contest for Traffic Tickets – Criminal Lawyer in Miami

Most traffic violation cases can result in negotiations through a no contest plea. A Miami criminal lawyer will tell you that pleading no contest can be beneficial to a defendant. Entering a plea of no contest positions the defendant to leverage the ruling to be less severe.

A plea of no contest can:

  • Prevent the plea from being used against the defendant in a subsequent civil or criminal proceeding.
  • Appeal adverse rulings against him or her by the court (Denying a motion to suppress, allowing particular evidence to be presented by the prosecutor, etc..).
  • Prevent the mention of an admission of guilt in a civil damages suit.

Pleading guilty can be used against the defendant later on. In a plea agreement, a prosecutor might even require the defendant to plead guilty. This is why you will need a Miami criminal defense attorney to negotiate fair terms for your case. Do not take your demands lightly — assert your terms and negotiate for a win-win agreement.

What Happens To My Traffic Ticket?

Should I plead guilty or no contest to a traffic violation

Criminal Lawyer in Miami – Pleading Guilty or Pleading No Contest for Traffic Tickets

It is always under the discretion of a criminal judge whether the defendant will be required to plead guilty.  Most judges usually permit a defendant to plead no contest. The rejection of a plea of no contest is rare at most. However, this does not prevent the possibility of a conviction still appearing on your criminal record.

Consult with a criminal defense lawyer in Miami to find out what they can do about your traffic tickets. Keep in mind that your best defense is only as good as your legal team.

Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Criminal Lawyer in Miami.

What is the best plea for a speeding ticket?

By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.

Should I plead guilty or no contest to a traffic violation Texas?

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.

Can I just pay my ticket and not go to court Texas?

Pay the Acceptable Fine in Person or by Mail If you do not want to appear in court, you have the option of paying your fine by mail or by paying in person at the Justice Court as directed on your citation or summons.

How do I plead not guilty to a traffic ticket in PA?

If you plead NOT GUILTY, you must sign the bottom portion of the citation indicating a not guilty plea and pay the required collateral. Generally, the Collateral equals the total amount due PLUS $6.00 (court costs). If you cannot afford the total collateral required, you must contact the appropriate District Court.