Many attorneys and members of the public mistakenly believe that because a nolo contendere plea (also referred to as a “no contest” plea) may result in no points being assessed against a driver’s record, it will not affect the driver’s insurance premiums.  This belief is, in most cases, mistaken.  If an offense is one which will appear upon a person’s driving history, a nolo contendere plea does not prevent an insurer from including the violation in their assessment of a person’s insurance risk (and PREMIUMS).  Upon entry of a nolo contendere plea, the offense, if it is reported to the Department of Driver Services, will appear upon the driver’s record. 

McIlhinney & Sessions works to secure a disposition that is NON-REPORTABLE to the Department of Driver Services (DDS). If the ticket is NOT reported to the DDS, then it cannot impact your driving history, and more importantly, your insurance premiums!

The Georgia Department of Driver Services will accept one plea of nolo contendere for a moving traffic violation in any five year period.  The plea of nolo contendere will not result in points being assessed to the driver’s record.  However, subsequent pleas of nolo contendere will result in the assessment of points against the driving record, even for a different offense. For example, if a defendant pleads nolo for improper turning and does not have any previous nolo pleas for a moving violation in the past five years, DDS will record the violation onto the driving record without assessing points. If, one year later, the same defendant pleads nolo for failure to maintain lane, DDS will record the violation onto the driving record and will assess points.

A nolo contendere plea to certain offenses and in certain situations may save a driver's license from being suspended. However, this limited rule does not apply to persons who are under 21, commercial drivers and North Carolina drivers. It also does not apply to certain offenses such as DUI, hit and run and fleeing or attempting to elude.

Because a nolo contendere plea is technically not an admission of guilt, it may be a beneficial disposition if there is a concern that the defendant may be subjected to a civil lawsuit from another driver or person as a result of the underlying incident since the nolo contendere plea cannot be offered into evidence in the civil case.

A Judge has absolute discretion and is not required to accept a plea of nolo contendere. A knowledgeable attorney should be consulted before an nolo contendere plea is ever entered to ensure that the defendant's desired outcome will actually be achieved, whether it be to secure zero points, save one’s driver’s license or ensure that the plea cannot be used in a civil case.

And, truthfully, often times, there are other better options, potentially more advantageous pleas, which may be entered to a traffic violation or other charge, which may result in the citation not appearing upon your driving record or charge no appearing on your criminal history. Please call our office for a FREE CONSULTATION TO DISCUSS HOW WE MAY CONCLUDE YOUR CASE IN SUCH A WAY THAT YOUR DRIVING RECORD OR CRIMINAL HISTORY WILL NOT REFLECT YOUR CHARGE.

 

 
Call Us Today - 678.387.6920