Using a Nolo Contendere Plea for Speeding and Moving Violations in Georgia Traffic Courts

When facing a traffic ticket in Georgia, many drivers assume their only options are to plead guilty and pay the fine, or go to trial and fight the officer. However, there is a third legal option: pleading Nolo Contendere, commonly known as a no-contest plea. In traffic court, using a Nolo plea means you are not admitting guilt, but you are accepting the court's penalty. For Georgia drivers, strategically using this plea can save your driving record from accumulating points, but it comes with strict limitations. If you are unsure whether this plea is right for your specific case, we strongly encourage you to find a local lawyer in our US Attorneys directory to provide targeted representation.

Step-by-Step Process for Entering a Nolo Plea in Georgia

Using a Nolo plea effectively requires understanding the state laws and knowing when it is most advantageous. Whether you are dealing with a ticket in Atlanta, Marietta, or Augusta, here is how the process generally works for basic moving violations.

Step 1: Verify Your Eligibility (The 5-Year Rule)

Under O.C.G.A. § 40-5-57(c)(1)(B), entering a Nolo plea will only prevent points from being assessed to your license once every five years. Before attempting to use it, you must review your driving history. While a judge may still accept a second Nolo plea within 60 months, the Georgia Department of Driver Services will automatically treat it as a conviction and assess the full points to your driving record.

Step 2: Nolo Pleas for Speeding Over 14 mph

In Georgia, speeding tickets for 14 mph or less over the limit do not carry any points under state law, so wasting your once-in-five-years Nolo plea on a minor ticket is a poor strategy. A Nolo plea is best reserved for citations of 15 mph or more over the limit, where points are actively threatened. By submitting a Nolo plea for a 19 mph overage, for example, you still pay the fine, but zero points are assessed to your driver license.

Step 3: Nolo for Red Light Running vs. Stop Sign Violations

Moving violations like running a red light or blowing past a stop sign typically carry 3 points on your Georgia license. If you are summoned to the Municipal Court of Atlanta, Atlanta or the State Court of Richmond County, Augusta, you can request a Nolo plea from the judge during your arraignment. If accepted, the court accepts your fine money but shields your license from the 3 points.

Step 4: Exceptions Where Georgia Judges Routinely Refuse Nolo Pleas

A Nolo plea is not an absolute right; it is a privilege granted at the discretion of the presiding judge. While most courts accept them for standard speeding tickets, some local courts have strict internal policies. For instance, a judge at the Municipal Court of Sandy Springs, Sandy Springs or the State Court of DeKalb County, Decatur might refuse a Nolo plea if you were going excessively fast (e.g., 30+ mph over the limit) or if the ticket was issued in an active school zone. If the judge rejects your Nolo, you will have to choose between pleading guilty or taking the case to a bench trial.

Why a Nolo Won't Necessarily Stop Your Insurance Rates from Rising

The biggest misconception about a Nolo Contendere plea in Georgia is that it hides the ticket from your insurance company. This is simply not true. When you plead Nolo at a local court, the clerk still reports the disposition to the Georgia Department of Driver Services, Conyers. The citation is placed on your official Motor Vehicle Report (MVR) with a disposition of Nolo. When your insurance provider runs your yearly background check, they will see the violation. Because insurance companies operate on their own risk algorithms, they often raise your premiums regardless of whether you have points on your license or not.

How Much Does it Cost?

Opting for a Nolo plea does not save you money on the court fine. You will still pay the exact same amount as if you had plead guilty.

How Long Does the Process Take?

Entering a Nolo plea happens on your scheduled court date. Once the judge accepts it and you pay the clerk, the case is closed on the same day. The court then takes roughly two weeks to report the disposition to the state.

Frequently Asked Questions (FAQ)