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It is good idea plead "no contest" for speeding ticket?
Anonymous2 views4 answers
I got ticket in CA (22350) for going 45 in a 25 MPH zone. I accepted my guilt and I explained to the officer that my wheel was vibrating before 40 MPH. But I was driving safely.
Should I plead no contest at court and reduce my fee? What is the correct word I need to say to the judge? I'm going to do traffic school too before I go to court.
If you insist on a no-contest plea, you may upset the judge, and you do not want to do that. In criminal cases, a guilty plea has the same effect as a no-contest plea. The only time you want to enter a no-contest plea and not have the judge say “It does not matter, why waste my time” is when you could be sued in civil court for the offense.
Additionally, going to traffic court before you appear in front of the judge may not always be worthwhile either. When you appear in court, you simply plead guilty, request the fine to be reduced, if possible, and ask the judge for traffic school.
I have to disagree with my colleague. In non-felony cases, you have a right to plead "no contest." It doesn't matter if it makes the judge angry; in fact we couldn't defend cases if we worried about making the judge angry.
As Mr. Driessen says, the plea has the value of a guilty plea and is of no benefit to you unless there is a parallel suit for civil damages. However, for personal reasons, some people find it more palatable than pleading guilty. I don't see anything in the Penal or Vehicle Code to keep you from doing so.
I do not think Mr. Kaman fully read or understood the question. The main the part of the question was to get the fees and fines reduced, not enter a no-contest plea. Traffic courts are busy, and the judge’s main goal is to push cases as quickly as possible. A judge is far more likely to reduce fees and fines if you do not rock the boat. The fact that you can request a no-contest plea is not always the best option when the hope is to pay the least amount for the offense. With a traffic infraction, you do not want to make a judge angry when your goal is to plead guilty and get the lowest possible fine.
A no-contest may give a client a nice warm and fuzzy feeling on the inside, but does absolutely nothing. There is an appropriate approach to take with judges and prosecutors depending upon the case and the client’s wishes. Although there are times you have to challenge a judge on the law or other issues, this is not one of them. A happy judge is a judge who will reduce your fees and fines. I dare you to watch an entire court docket and watch who gets the lowest sentences; without a doubt, the happier the judge, the lower the sentence.