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Can I Plead "Nolo Contendere"?
The eligibility rules for the use of a nolo plea
for non-residents are now the same as for residents. A
nolo contendere plea will not "save" a Georgia license
for any arrests made July 1, 1997 or after.
The individual judge decides whether he/she will
accept a nolo plea. Any person who has a BAC test of
over 0.15 cannot plead nolo. Any person under age 21
who was stopped July 1, 1997 or after and charged with
DUI is totally ineligible. Before July 1, 1997,
drivers under age 18 were ineligible. In addition, for
persons licensed by a state other than Georgia, a nolo
contendere plea generally will not "save" your
license, absent some special law in your home state
that permits this. Upon receiving a report of a DUI
conviction in Georgia, the home state will routinely
suspend or revoke the person's license in their home
state. So, a nolo contendere plea for licensees of
states other than Georgia is generally no better than
a guilty verdict at trial, or a plea of guilty. This
puts a premium on winning the case, or obtaining a
non-DUI disposition through negotiations with the
prosecutor.
A plea of nolo contendere is always discretionary
(optional) with the judge handling the case. It is
often unavailable in the event of a refusal to submit
to a chemical sobriety test at the time of arrest
since many judges will not accept a nolo for "refusal"
cases. A nolo is also unavailable to any person who
has had a prior guilty plea or verdict or a prior plea
of nolo contendere to DUI in the past five (5) years.
The DUI bill which became effective July 1, 1997,
eliminated the "license saving" aspect of the nolo
plea which many Georgians previously sought. Now, even
if a nolo plea is accepted for "civil" liability
reasons, a Georgia driver's license (or entire
privilege to drive in Georgia, for non-resident
licensees) will be lost.
The Judge May Always Refuse to Allow "Nolo"
Treatment
Most judges now require a copy of your lifetime
driving record. In addition, many judges want to know
your record in prior states of residence. Even one
prior DUI will cause some judges to deny nolo
treatment. Sometimes a bad driving history (with no
prior DUIs) will cause a judge to deny this plea
alternative and will cause the judge to punish more
severely.
IN SUMMARY, OFFENDERS WITH A BAC OF .15 OR MORE
CANNOT PLEAD NOLO. NOLO TREATMENT IS ALWAYS OPTIONAL
WITH THE JUDGE, BUT CANNOT BE PERMITTED FOR A PERSON
WHO HAS A PRIOR DUI WITHIN FIVE (5) YEARS.
FURTHERMORE, LICENSE SUSPENSION (OR REVOCATION FOR
DRIVERS UNDER 21) IS MANDATORY. FOR DRIVERS UNDER 21
AT THE TIME OF ARREST, A NOLO CONTENDERE PLEA IS
UNAVAILABLE. FINALLY, AFTER JULY 1, 1997 THE "LICENSE
SAVING" ASPECTS OF A NOLO PLEA NO LONGER EXIST.
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interest below.
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