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Editorial
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Title: Plead guilty to avoid sinning?
Source: .
URL Source: http://.
Published: Oct 6, 2010
Author: .
Post Date: 2010-10-06 15:46:26 by Artisan
Keywords: None
Views: 252
Comments: 8

my neice recently got a nearly $150 dollar ticket for 'not wearing her seat belt'. she had been concerned about coming up with that money-being a student working part time that's not easy. i told her dont pay them jack shít! so she got several months of extensions & we scheduled an initial arraignment in december. by the time the trial (by mail) comes around next year the revenue pig wont even remember who she is. her boyfriend then got a ticket, & i asked her if he wants to fight it. i'd spoken to him about such things before. he s a good guy, knows a bit about corrupt government, 9/11, etc. but then my neice tells me that he just paid it, because he was speeding, & he did not want to 'lie', which would be a sin. Wow! and i thought i was scrupulous? he is a religious man with good morals. but come on. pleading not guilty in court is not lying, its holding this corrupt govt accountable & making them prove their case. the fines are obscene anyway. what would you tell such a person?

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Begin Trace Mode for Comment # 7.

#4. To: Artisan (#0)

what would you tell such a person?

I would tell him to plea no contest to a lesser fine. Never pay full price when you can simply show up and get a reduction.

abraxas  posted on  2010-10-06   19:11:04 ET  Reply   Untrace   Trace   Private Reply  

This relates to DUI but I imagine would be equally applicable in a speeding case.

Guilty vs. No-contest pleas--What is the difference between a "Guilty" plea and a "No Contest" plea in a drunk driving case?

"...for all intents and purposes, in most states they (pleas of guilty and no contest or nolo contendre) are the same. A no contest plea says that although you don't admit that you are guilty, you agree that the evidence looks pretty bad and that a reasonable finder of fact would find you guilty of DUI if given a chance.

If they are the same, who doesn't everybody plead "no contest?"

Many DUI prosecutors will not allow a plea of "no contest" if there is a plea bargain on the table. In other words, if you want to take advantage of a deal that reduces or dismisses some of the charges, you may be asked to accept it in exchange for a plea of "guilty."

Good DUI defense lawyers know that since there is limited difference in practical terms, a plea of guilty sometimes looks better to a judge who will then have to pass sentence.

One thing that judges look for as a mitigating factor (a reason to go easier on you at sentencing) is that you have accepted responsibility for your decision. If you are only willing to plead no contest, some judges view this as your attempt to dodge responsibility in court. They may take it out on you at sentencing.

If I plead "no contest" do I have to say that I've been convicted on a job application?

It depends on how the question is worded, but typically if the question is "have you been convicted of a crime?" then you will have to answer yes because a no contest plea to DUI results in a conviction on your record in most states.

James Deffenbach  posted on  2010-10-06   19:43:01 ET  Reply   Untrace   Trace   Private Reply  

In speeding cases, I go with no contest simply to get into the room to bargain down my fine. : )

abraxas  posted on  2010-10-06   21:03:04 ET  Reply   Untrace   Trace   Private Reply  

Well, the fine is one thing but the insurance is another. Do they not go up on your insurance when you get speeding tickets? They do on everyone I ever heard of. Usually the fine, however much it is, is the smallest part of the price you pay for what are euphemistically called "moving violations." The racket they call insurance will probably get a bigger chunk of your money than the state will.

James Deffenbach  posted on  2010-10-06   21:17:02 ET  Reply   Untrace   Trace   Private Reply  

#8. To: James Deffenbach (#7)

Do they not go up on your insurance when you get speeding tickets?

It's based on demerits, so I bargain to reduce the demerits, taking a lesser charge and reduced fine. We get, I think, 2 demerits per year without increasing the insurance costs. It's an extra demerit for every bump up over the limit.

It's all a racket. I used to just pay, but now I always bargain.

abraxas  posted on  2010-10-06 21:44:47 ET  Reply   Untrace   Trace   Private Reply  

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