Why would somebody plea "guilty" to a traffic charge rather than "no contest"? From the information I've been able to gather on Yahoo! Answers, it seems that they are the same...but you just aren't admitting guilt? I have a driving while suspended charge against me, my only argument against such is that I took care of the situation that had me suspended in the first place (paid off a prior ticket), I just had not reported it to the DMV. Any advice on how I should plea and the answer to my first question?
2007-10-20 21:11:28 · 8 answers · asked by matuszak24 2 in Politics & Government ➔ Law & Ethics
If you plead no contest it will mean little. In California, you have the right to do a plea of guilty, no contest, not guilty. In a traffic case it is a distinction without a difference. You still get points on your license, etc.
The no contest plea is designed for cases where a civil suit is in the offing. If say, you are charged with battery, and your victim might sue you, a guilty plea all but ends your defense of the civil case. On the other hand, a no contest plea is legally the same, except you can still fight the civil case and the plea cannot be used against you.
Hope that helps.
2007-10-20 21:34:35 · answer #1 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
No contest or "nolo contendere" means you agree you are guilty, but don't necessarily agree with the whole charge. For instance, you got a speeding ticket - the cop says you were going 90, but you "swear" you were only going 75 - either way you were speeding, but you don't agree with the number. It really doesn't matter either way - your insurance company won't care how you plead - a ticket is a ticket is a rise in your rates unless you go to traffic school.
As for your suspension - whether or not your took care of the situation, you were still caught driving with a suspended license. You COULD argue that since you paid it off (bring PROOF OF SUCH to court) you thought the suspension was automatically lifted and didn't realize it hadn't been. The judge might throw it out if you're lucky, but if you choose this route, be sure and plead not guilty and ask to explain your case. You may have to go to trial by doing so, but there's a chance they'll toss it and save everyone time. Good luck!
2007-10-21 04:20:28 · answer #2 · answered by Flusterated 7 · 1⤊ 0⤋
I believe guilty comes into play if you plead not guilty and have the case to go trial and then are convicted. At least that's the explanation I remember from the one time I went to court on a speeding ticket.
In your case, you may even have a valid claim for pleading innocent. If you have a driving on a suspended charge then the case would hinge on whether your license was actually suspended at the time. If you plead no contest, they could invoke the penalty for driving on a suspended which could be jail time, probation, or a longer suspension.
I won't claim to be an expert in this area. In this case, it may be a good idea to at least consult with a lawyer to get an idea of where you stand.
2007-10-21 04:21:34 · answer #3 · answered by Justin H 7 · 0⤊ 0⤋
If the DMV did'nt know you paid your fine they still consider you under suspenstion even though the fine was paid and when you got pulled over and the cop ran your info into his computer,the info came back as suspended,due to the DMV was'nt notified,if their not notified they won't clear ya from their computer.It's damned if ya do and damned if ya do'nt
2007-10-21 04:27:53 · answer #4 · answered by jasonbatla 4 · 0⤊ 0⤋
your guilty. If it was taken care of you would have not been suspended. you said it yourself (I just had not reported it to the DMV.) Hence you didn't have a Lic.as it was still suspended.
2007-10-21 04:25:35 · answer #5 · answered by Macisbac 2 · 0⤊ 0⤋
While not admitting guilt, the court will fine you the same amount.
2007-10-21 04:19:29 · answer #6 · answered by Nifty Bill 7 · 0⤊ 0⤋
i say plea no contest
2007-10-21 04:28:00 · answer #7 · answered by sandy15825 2 · 0⤊ 0⤋
who cares you do what your lawyer tells you to do and remember in situations like these you get what you pay for.
2007-10-21 04:15:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋