How to Use a Nolo Contendere Plea in Georgia Traffic Courts: Rules and Limits

Understanding the Nolo Contendere Plea in Georgia

Receiving a traffic ticket in Georgia can be stressful, especially when you are worried about accumulating points on your license and facing skyrocketing auto insurance premiums. Under O.C.G.A. § 17-7-95, drivers have the option to enter a plea of Nolo Contendere, commonly known as a 'no contest' plea. This legal strategy essentially means you do not admit guilt, but you also do not contest the charges. While you still pay the court fine, the state does not assess points against your driver's license. Generally, this can be a powerful tool for maintaining your driving privileges, but it comes with strict limitations and is subject to the judge's discretion.

Step-by-Step Process in Georgia Traffic Courts

Whether you are dealing with the Municipal Court of Atlanta, Atlanta, the State Court of Chatham County, Savannah, or the Municipal Court of Macon, Macon, the process of using a Nolo plea follows a similar statewide structure. Here is how you can generally navigate this procedure.

Step 1: Verify Your Eligibility

Before attempting to use this plea, check your driving history. Under O.C.G.A. § 40-5-57, Georgia law strictly limits the use of a Nolo plea to avoid points to once every five years. You can verify your driving record by requesting a copy from the Georgia Department of Driver Services, Conyers using Form DDS-18, Georgia, Department of Driver Services, Request for Motor Vehicle Report. If you have used a Nolo plea within the last 60 months, the court may accept the plea, but the DDS will still assess the points.

Step 2: Attend Your Court Hearing

Paying a ticket through standard online portals typically enters an automatic guilty plea. While some Georgia municipal courts now provide online plea forms or virtual dockets that allow submitting a Nolo plea remotely, many jurisdictions still require an in-person appearance. If your court requires it, appear in person at the scheduled time, arrive early, dress professionally, and wait for your name to be called by the judge or the prosecutor.

Step 3: Request the Plea from the Judge

When you approach the bench, respectfully ask the judge if you may enter a plea of Nolo Contendere. The judge has the absolute authority to accept or reject this plea. If your driving record is relatively clean and the offense is a minor moving violation, judges in Georgia often grant the request. However, for aggressive driving or excessive speeding, the judge might deny it.

Step 4: Pay the Required Fines

If the judge accepts your Nolo plea, you are still responsible for paying the full traffic fine. The financial penalty does not change. You pay this at the clerk's window before leaving the courthouse. If you need assistance navigating this process, you can easily find and hire an experienced local lawyer from our US Lawyers Catalog to represent you in court.

How it Affects Auto Insurance Rates

A common misconception is that a Nolo plea hides the ticket from your insurance company. This is false. While a Nolo plea prevents the Georgia Department of Driver Services, Conyers from adding points to your license, the actual traffic violation still becomes a permanent part of your Motor Vehicle Report (MVR). Because insurance providers check your MVR regularly, they will see the offense and may still raise your premiums. However, avoiding the points can sometimes mitigate the severity of the rate hike.

Exceptions and Strict Limitations

Not everyone can benefit from a Nolo plea. Georgia law enforces strict boundaries. Commercial Driver's License (CDL) holders are entirely prohibited from using a Nolo plea to avoid points for moving violations, regardless of whether they were driving a commercial or personal vehicle. Additionally, drivers under the age of 21 face severe restrictions. For drivers under 21, pleading Nolo to offenses that carry four or more points (such as speeding 24 mph over the limit) will not prevent a license suspension under O.C.G.A. § 40-5-57.1.

How Much Does it Cost?

The cost of pleading Nolo Contendere is identical to the standard fine for your specific ticket. There is no 'discount' for pleading no contest. Depending on the city and the violation, fines generally range from $150 to over $1,000 for severe infractions. If you hire a local traffic attorney, lawyer fees in Georgia typically range from $250 to $750 for minor traffic defense.

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