Should I plead Guilty, or No Contest?

Question

I was on my way to Las Vegas on Highway 58 in Mojave. I was speeding 88MPH on a 65MPH zone. There were no other infractions.

I don't know what gives me a lighter sentence. I'm not doing time for this, they're just asking for $210. I'm trying to figure out which of the two will make me pay less.

Answer 1

plead innocent, get a court appointed attorney and use compulsive gambling as a defense. Then say you will go to 12 step meetings. :) or.... Go for no contest.

Answer 2

In this case it probably doesn't matter.

The only difference between a guilty and no contest plea in the eyes of the law is that someone could use the guilty plea against you in a civil proceeding. So, if you were cited for reckless driving after an accident, the other party would be able to introduce the fact that you had driven recklessly. I'd definitely say plead no contest in that case.

I doubt pleading guilty will matter in this case. A guilty plea might look more favorably in the eyes of the judge in the case of a serious crime (like murder) where the judge would want you to show remorse. But when it's speeding, really, the judge probably has driven 88 in a 65 zone himself. If you plead no contest, the judge will probably be confused and wonder why the heck you did that. But, it probably won't mean a heavier sentence.

Answer 3

The only purpose for entering a no contest plea is so that it cannot be used against you in a civil proceeding. It has NO other function, and you are just as guilty pleading no contest as pleading guilty (or posting and forfeiting bail, which is the same thing). So unless you ran into somebody while going 88, there is no purpose to a no contest plea. Unless you went recently, you will be given a traffic school option. You have to pay the fine, an administrative fee, and the cost of traffic school. The fine (whether you appear and plead guilty or no contest, or send it in through the mail, or go to traffic school) will be approximately $266.

BTW, contrary to a lot of posts I see here, speeding is NOT reckless driving. Reckless driving is a separate misdemeanor charge based upon very aggravated misconduct.

ADD: contrary to a prior post, a no contest plea is certainly available to any misdemeanor or infraction in California. It is not available in felony cases. (PC 1016.)

Answer 4

Just pay the ticket through the mail. However, it sounds like you were reckless driving if going over 80mph.. if so, you may have to show up in court and explain to the judge why you were committing a crime (not an infraction). You had better hire a good lawyer and plan for $2000-$4000 in attorney fees to get the charge hopefully reduced to speeding (reckless driving is the same as drunk driving in many states.. a high misdemeanor which may prevent you from ever getting a good job in the future.

Answer 5

No contest is better. All that means is you are saying that you accept that the evidence is likely sufficient to find you guilty, and therefore you choose not to argue it.

In my own personal experience, after getting speeding tickets, I always went to court and talked to the prosecutor. 99% of the time, they will offer you something in order to settle it out and not waste the judge's precious time. In my state, at least at the time I got my last ticket, tickets under 10mph over the limit were not reported to the insurance companies. I was over that limit, but the prosecutor offered to cut my fine in half and reduce the charge to be under that limit. I took it and got the heck out of there. Perhaps you can get a similar offer?

I'd start off with something like "I don't believe I was speeding to that degree at that time, so I came here to contest my ticket." Don't be a jerk, just act like you actually feel victimized. If they know you plan on standing up and wasting their time with no real case or evidence, the judge would probably smack the prosecutor afterwards for letting it get to that point. Maybe you get lucky.

Answer 6

Plead not guilty, those laser guns are inaccurate. There is a big court case going on now in England to decide whether they should be banned, everyone now knows if the cop moves trees can be clocked at 100mph, so fight it. Radar guns were designed for surveying not speed checks.

Answer 7

You probably pay the same fine no matter what - the only difference in no contest is that you are not admitting your guilt - but the sentence remains the same as if you did.

Answer 8

Just go ahead & plead guilty it's still going to be a conviction and in the courts eyes you'll be vewed more favorably

Answer 9

No contest, called "nolo contendre" in legal circles, is not an allowable plea for a non-felony traffic charge in any of the 50 states.

Answer 10

Get a lawyer and plead not guilty- you've got nothing to lose and everything to gain. If the cop doesn't show up, you're off the hook