How Do I Plead?

Question

I moved to Wisconsin from St. Louis last fall. My license expired without my knowledge and I got a summons when pulled over. I have a court date Aug. 8th. The officer said I should plead 'no contest.'
If I plead 'no contest' how can I get the points and fine reduced? It is a $100 fine and 10 points and I havent got a lot of either.
Legal Eagles, how should I handle this?

Answer 1

First off, when you move, especially interstate, you are supposed to get a license in your new state of residence within 30 days unless you are covered by a military exemption clause in the states motor vehicle code. That not withstanding, go get your Missouri license before your court date. Explain to the judge that you weren't aware that your license had expired and you have corrected that, and have your proof of insurance as well. Pleading No Contest, does not mean the Judge has to convict you. Chances are the Officer really was trying to give you some sound advice.

I know in one case where I was cited for speeding in New Mexico, the Judge told me that he was a magistrate court and all I could do was plead guilty or not guilty. If I plead not guilty, he had to set it up for a trial in municipal court, If I plead guilty, he could take into consideration extenuating and mitigating evidence and find me not guilty. I plead guilty, he said after reviewing the evidence in this case, I find you not guilty, case dismissed.

Answer 2

Unfortunately you probably don't have much of a choice. We always have to be weary of our licenses and when they expire. That's part of our job as drivers. However the cop that told you to plead "no contest" probably shouldn't have told you that. As law enforcement they aren't supposed to give you legal advice. It's up to you to plead guilty, no contest, or not guilty. In the courts eyes, no contest is the same as guilty. No contest basically means that you don't think you're guilty, but you're not going to contest the matter. However since the license was expired and you were driving, it doesn't look promising. I know that's not the answer you want to hear. It wouldn't be what I would want to hear either. Hey we all make mistakes. Good luck in court.

Answer 3

Not sure you can do anything. Not knowing your license was expired isn't a valid legal defense. If you moved last fall, you have anywhere from 30-90 days to get a new license. You are lucky he didn't site you for that. Check with the court you are scheduled in and ask what you can do to reduce fine/points.

Answer 4

Although I can't tell you "how" to plea, I can explain the differences and hopefully help you make the best decision for yourself. 1. Guilty, means no argument your guilty and will get whatever the judge gives you. 2. Not-guilty , Means your innocent and can prove it. 3. No-contest means pleading the same as guilty,but your not "admitting" any guilt. It's like saying your innocent but taking the guilty punishment because you can't argue it. One thing to keep in mind. If you plea not-guilty you will have to go back to court a couple more times before this is settled and you might be encouraged to get an attorney as well and you mentioned money in your question. Good Luck

Answer 5

If you have your license renewed before the court date, you could show that in court, that you are in compliance now, and that MAY save you a little bit. You will still need to plead no contest. The compliance part will help.

Answer 6

No contest is the same as a guilty plea. If your license expired, pay the fine and get a valid license.