Nolo Contendre: What is it?

Nolo Contendre:  Latin term meaning "I do not contest;" a plea by which a criminal defendant does not contest the charges against him, but also does not admit guilt.

If you are facing a speeding ticket or other criminal charge, you have probably heard the term "nolo" or "nolo contender."  You may even no that it means you do not contest the case, but you might not know the legal significance of so pleading or when you can do it.

What is it?  A nolo contender plea is often entered by a criminal defendant when it makes legal sense not to enter a guilty plea but one does not wish to fight the case.  The reasons for not entering guilty could be to avoid points or your license in the case of a speeding or traffic violation.  Insurance companies vary, but may turn a blind eye to tickets that are disposed of with nolo pleas, thus keeping your premiums from going up.  Also, if you were involved in an accident and you plead nolo to the ticket you may have received, the other party cannot use that against you when/if they sue you for damages (they can if you plead guilty).  Usually a nolo plea does not get you a lower fine.  Courts also have varying rules regarding what type of case they will accept nolo pleas for.  Many do not accept nolo pleas for DUIs, and at least one court that I practice in regularly will not accept nolo pleas for Driving with Suspended License tickets.

When can you use it?  Basically, you can plead nolo contender once every five years.  This is more a rule of thumb than it is a hard and fast requirement, because courts vary in their interpretation.  Most courts will allow you to plead nolo if you have not had a similar ticket within the past five years.  Some jurisdictions will allow you to enter a plea even if you have had a similar ticket in the past five years but have NOT used your nolo contender plea.  Other courts are more restrictive and have a broad interpretation of what a "similar" ticket is.

So, if you are facing your first ticket of any kind in the past five years, you are probably in good shape to use this type of plea.  If you have had other tickets, you may still be able to use a nolo plea depending on what your history looks like and which judge you may be in front of.  I always urge people to contact a lawyer familiar with your type of case AND the jurisdiction you were ticketed to be sure you get the best advice.

[This blog was originally published on JD's Guide to Speeding Tickets on April 10, 2012.]

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.