pleading nolo on ticket?

[darlenev]

What is the name of your state? GA

My 17 yr old son was pulled over on his way to school last week. When he saw the officer he immediately looked to his spedometer and it registered 42, (speed limit was 35, but he thought it was 45) so he did not worry about it.
Officer pulled him over and told him that he was clocked at 51. Of course, not knowing the law he asked to see the radar and the officer fiddled with it and then said that the radar had reset itself. He has a court date in 3 weeks.
His government teacher said that he could plead Nolo, and would not get any points on his driving record. Is this true? I cannot find any information to support this.
I suggested that he might try to go before the judge and state that he was guilty of going 7 miles over the speed limit, but not 16. Maybe if he was honest, the fine might be reduced and the points would be less. What does everyone think? We aren't trying to get out of paying for a ticket, just making sure the charge is correct.
Thanks

 

[sukharev]

I think you are correct, and you can try to discuss this with DA before the trial. They typically do lower the charge, to make the line of people shorter.

 

[Two Bit]

The speed that the officer registered on the radar is certainly more accurate than what your son registered. When you see the police and look down at the spedometer, you automatically let off the accelerator. I do it, and I'm openly contempuous of speed enforcement. I also know that I'm not likely to get a ticket. I still let off the gas when I see a cop.

There is some sort of law about pleading nolo, but I couldn't find it. Hav him call the solicitor and ask about pleading nolo and other possible options.

If you check out http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-5-57, it mentions attending driver improvement training as a way to reduce points.

 

[MasterEvilAce]

I got in an accident in GA, and because I was under 18 at the time, they threw me around the court, actually. The DA (might have been someone else) got all the minors together and basically organized it all. Asked do you wanted to plead not guilty/ guilty/nolo. I had no idea what nolo was, but it was explained and I went with that. Had to watch some stupid safety movie and take a quiz on it, paid the fine, whatever.

It was hectic, and I felt like a sheep at the time.

So yes, he should be able to plead nolo and pay the fine.

 

[sukharev]

Just to make sure you know, nolo is equivalent to guilty plea. here is the link that explains it in detail:
http://en.wikipedia.org/wiki/Plea_of_nolo_contendere

Now, for some warped reasons in some warped traffic courts the nolo plea may be used to basically let the court decide your guilt and punishment, and they may just let you off easy because they got your money and don't have to sweat for it. If, however, you are determined to be guilty of speeding, points would follow, nolo would not save you from that.

 

[Betty]

When you plead nolo contendere, you do not admit guilt but you admit the truth of the facts alleged in the complaint or indictment. Legally, same as guilty plea but cannot be used against you in a subsequent civil case. When you pay a fine - it is considered as a "guilty plea" & violation & pts. will go on your driving record.

 

[lwpat]

Nolo is not a good idea. Getting legal advice from a teacher is also not a good idea. In Georgia you can ask for the officer to calibrate the radar in your presence. If you really want to fight the ticket, the officer's failure to do this after he asked to "see" the unit would be a basis for a motion to dismiss.

Your better route is to go to court with him and get it reduced to a 14mph over ticket. GA courts usually give you 3mph so this should not be a problem. Since the court will not report this ticket to the DMV, you will be much better off than a nolo plea which will show on his record and can only be used once every five years. In other words, save the nolo for when he really needs it.

 

[Two Bit]

Acutally, the officer has to offer to check the acuarcy of the speed detection equipment prior to the issuing the ticket. Failing to offer the check of the speed detection equipment can get the results of the radar thrown out, but it wouldn't necisarrily get the whole case thrown out.

The officer does not have to demonstrate that the radar is working for the violator.

A conviction for under 14 miles and hour over or a Too Fast for Condtions is still reported, but it doesn't add any point to you record towrds suspension. It may still be able to affect your insurance rates though.